
Class _LJ,S_a23_ 

Book__fi2. 

Copyright N° 

COPYRIGHT DEPOSIT 



THE 

Guide for Ohio School 



CONTAINING 



ALL THE LAW OF OHIO APPLICABLE TO 
SCHOOL OFFICERS 



WITH 



FORMS AND SUGGESTIONS FOR THE GUIDANCE OF ALL 
SCHOOL OFFICIALS 



BY 

WILLIAM M. ROCKEL, 

w 

Former Judge of Probate Court, Clark County, ^Ohio, Author of Complete Guide for Township 
Officers, Ohio Probate Law and Practice, etc. 



CINCINNATI 

THE W. H. ANDERSON CO. 

LAW BOOK PUBLISHERS 
1907 






rrf 



U8BARY of CONGRESS 

Two Copies Received 

JUN 6 190f 

Copyright Et*y 

CLASS ((X XXc, No. 

COPY B. 



4*#- 



COPYRIGHT BY 

THE W. H. ANDERSON CO. 
1907. 



TABLE OF CONTENTS. 



^ 



Chapter 1. Classification and Change of Districts. 

Chapter 2. City School Districts. 

Chapter 3. Village School Districts. 

Chapter 4. Township School Districts. 

Chapter 5. Special School Districts. 

Chapter 6. School Funds. 

Chapter 7. Provisions Appealing to all Boards. 

Chapter 8. School Houses and Libraries. 

Chapter 9. Schools and Attendance Enforced. 

Chapter 10. Enumeration, Treasurer, and Clerk. 

Chapter 11. Reports. 

Chapter 12. Boards of Examiners. 

Chapter 13. Teachers' Institutes. 

Chapter 14. State Normal Schools. 

Chapter 15. Colleges and Institutions of Learning. 

Chapter 16. Schools Specially Endowed. 

Chapter 17. Colleges and Universities. 

Chapter 18. State School Commissioner. 

Chapter 19. Appendix. 



PREFACE 



In tlie following pages, there have been collected all the school 
laws of our state which are in force at this time. To these have 
been added in appropriate places numerous pertinent decisions 
of this, and other states, as well as a large number of forms and 
considerable matter in the nature of suggestions and comments 
with the design and desire to make a compendium that will be 
useful to all who may be interested in securing such an enforce-- 
ment of these laws as will insure the full accomplishment of 
the benign and beneficent purpose, intended by their enactment. 

An appendix, containing a short history of our public school 

system, questions asked at various examinations, and much 

statistical matter of both State and National character, that 

may be of interest to the inquiring official, has been added. 

Wm. M. Rockel. 
Springpeld, 0., April 1, 1907. 



Guide for Ohio School Officers 



CHAPTER 1. 
CLASSIFICATION AND CHANGE OF DISTRICTS. 



Section. 

§1 (3885) Classification of school 
districts. 

§2 (3886) City school districts. 
(3887) Repealed. 

§ 3 (3888) Village school dis- 
tricts. 

§ 4 (3889) Change of classifica- 
tion in certain cases; 
terms of members of 
boards of education 
when classification is 
changed; village dis- 
tricts abolished by 
surrender of corpo- 
rate power of munic- 
ipality. 

§ 5 (3890) Township school dis- 
tricts. 



Section. 
§ 6 (3891) Special 

§ 7 (3892) Territory 



school dis- 



must be 
contiguous. 
§ 8 (3893) Annexation of terri- 
tory to cities and 
villages. 
§ 9 (3894) Transfer of territory 
by agreement be- 
tween boards of ed- 
ucation. 

§ 10 (3895) Transfer of territory 
by proceedings in 
probate court. 

§11 (3896) Division of funds and 
indebtedness when 
territory is trans- 
ferred or annexed. 



§ 1. [Classification of school districts.] (§ 3885.) The state 
is hereby divided into school districts to be styled, respec- 
tively, city school districts; village school districts; township 
school districts; and special school districts. (97 v. 334.) 

Common schools, districts and boards of education are not 
corporations witliin the meaning of Sec. 1, Art. XIII, of the 
Constitution. Under Section 26, Art. II, and Section 2, Art. 
VI, of the Constitution, laws regulating the organization and 
management of common schools must have a uniform opera- 
tion throughout the state. (State v. Powers, 38 0. S., 54.) 
But schools may be classified as the legislature deems proper. 
(State V. Brewster, 39 0. S., 653.) 

Basis of System. — In a recent decision of our Supreme 
Court it is said : 

"The civil township is the basis of our school system. Land 
in each township was donated by the national government to 
the inhabitants of such township for the use of schools. For 
surveying the northwest territory Congress adopted a new 
system of surveying. This system may be briefly described 
as the rectangular system. The territory was surveyed into 



§ 2 GUIDE FOR OHIO SCHOOL OFFICERS. 2 

townships six miles square. Each township was divided into 
thirty-six sections one mile square, and, under the system of 
numbering, section sixteen was as nearly as any other in the 
center of the township. 

"By section 7 of the act of 1802, which authorized the peo- 
ple of the eastern division of the northwest territory to form 
a constitution and a state government. Congress proposed that 
section 16 in every township 'shall be granted to the inhabit- 
ants of such township for the use of schools.' The proposi- 
tion was accepted by a resolution passed November 29, 1802, 
by the constitutional convention, on condition that a like do- 
nation, amounting to about one thirty-sixth of the territory, 
be made in those parts of the state not surveyed, and this 
condition was complied with by an act of Congress in 1803. 
And in that year the legislature provided for the leasing of 
the same in order that the proceeds arising therefrom might 
be applied to the support of the schools. By an act passed in 1806 
the commissioners, as soon as there were twenty electors in 
any original surveyed township, or part of fractional town- 
ship, upon application of the electors, were required to fix 
the time and place for the election of trustees, who were em- 
powered to lay off the township into proper divisions for the 
purpose of establishing schools therein. These districts were 
sub-districts. Subsequently joint sub-districts and city and vil- 
lage districts were provided for, and our system of common 
schools comprised township schools and city or village schools. 
The township was or might be divided into districts, and the 
city or village district might include territory outside of the 
corporate limits of the city or village. Whether or not this 
donation by the national government originated or made neces- 
sary a system in which the civil township is the basis, it is not 
to determine. The civil township and the original surveyed 
township are not always identical. The important thing is 
the fact that only territory forming part of the township school 
district was taken in creating other districts. 

"Special districts were established by vote of the people 
under legislative authority or by special legislation, and were 
governed by the provisions of the act under which they were 
created. But prior to the act of 1873 (70 0. L., 195) special 
school districts were not recognized as a part of the common 
school system. By that act they were included as a part of 
that system, but it was not until the revision of the statutes 
in 1880 that provision was made for the establishment of such 
schools." (Scott V. McCullough, 72 0. S., 539, 540.) 

§2. [City school districts.] (§3886.) Each incorporated 
city, now existing or hereafter created, together with the 
territory attached to it for school purposes, and excluding the 



3 CLASSIFICATION AND CHANGE OF DISTRICTS. §§3,4 

territory within its corporate limits detached for school pur- 
poses, shall constitute a city school district. (97 v. 335.) 

Sec. 3887. Repealed April 25, 1904. The repealed section applied 
to cities of the second class. 

See § 12 (§ 3897), as to boards of education. 

§3. [Village school districts.] (§3888.) Each incorporated 
village now existing or hereafter created, together with the 
territory attached to it for school purposes, and excluding the 
territory within its corporate limits detached for school pur- 
poses, and having in the district thus formed a total tax valu- 
ation of not less than one hundred thousand dollars shall con- 
stitute a village school district, provided that each incorporated 
village now existing or hereafter created, together with the 
territory attached to it for school purposes and excluding the 
territory within its corporate limits detached for school pur- 
poses, with a tax valuation of less than one hundred thousand 
dollars, shall not constitute a village school district; provided 
at any general election the proposition to dissolve or organize 
such village school district .be submitted by the board of edu- 
cation to the electors of such village and be so determined by 
a majority vote of such electors. (98 v. 217.) 
See §28 (§3908), as to village school districts. 

The board of education of a township established a central 
or high school and located it in a sub-district. The territory 
comprised in the sub-district after the establishment of the 
central high school, and before the act of May 1, 1873, was 
formed into an incorporated village ; held, that the property 
of the central or high school and the management of the 
school did not, by virtue of said last mentioned act, pass to the 
board of education of the village. (Board of Education v. 
Board of Education, 41 0. S., 680.) 

§ 4. [Change of classification upon advancement or reduc- 
tion of municipality.] (§ 3889.) When a village is advanced 
to a city, the village school district shall thereby become a city 
school district; when a city is reduced to a village, the city 
school district shall thereby become a village school district. 
The members of the board of education in village school dis- 
tricts that are advanced to city school districts, and in city 
school districts that are reduced to village school districts, 
shall continue in office until succeeded by the members of the 



§§ 5, 6 GUIDE FOR OHIO SCHOOL OFFICERS. 4 

board of education of the new district, who shall be elected 
at the next succeeding annual election for school board mem- 
bers. 

[School district in newly created municipality.] Upon the 
creation and incorporation of a village the same shall there- 
by become a village school district as provided by section 3888 
(§ 3) of the Eevised Statutes of Ohio, and if such village 
was, previous to its creation and incorporation, included Avith- 
in the boundaries of a special school district, but said special 
district included more territory than is included within the 
village limits, said territory shall be, and thereby is, attached 
to said village school district for school purposes. 

[School district in village upon surrender of corporate pow- 
ers.] When a village surrenders its corporate powers or dis- 
solves a village school district, as provided by section 3888 
(§3) of the Revised Statutes of Ohio, the village school district 
shall be thereby abolished and the territory formerly consti- 
tuting said village district shall become a part of the township 
school district or districts of the civil township or townships 
in which it is situated, and all school property shall pass to 
and become vested in the township -board of education of the 
civil township in which it is situated; the provisions of section 
1536-4 of the Revised Statutes of Ohio in regard to the settle- 
ment of the affairs of a village that has surrendered its corpo- 
rate powers shall also apply to the village school district and 
the board of education of the same, and in case the village 
school district is situated in two or more townships any distri- 
bution of funds shall be made in proportion to the total 
tax valuation of the property situated in the several townships. 
(98 V. 217.) 

§5. [Township school districts.] (§3890.) Each civil town- 
ship together with the territory attached to it for school pur- 
poses, and excluding the territory within its established limits 
detached for school purposes, shall constitute a township school 
district. (97 V. 336.) 

See § 32 (§ 3915, et seq.) , as to township school district. 

§6. [Special school districts.] (§3891.) Any school district, 
now existing, other than a city, village or township school 
district, and any school district organized under the provisions 



5 CLASSIFICATION AND CHANGE OF DISTRICTS. §§ 7-9 

of chapter 5 of this title, shall constitute a special school dis- 
trict. (97 V. 336.) 

See §43 (§3928), as to special school districts. 

So far as this applies to special school districts that were 
created under laws which were not of a general nature, it is 
unconstitutional and void. (State v. Hickman, 27 C. C, 219 ; 
Bartlett v. State, 73 0. S., 55.) 

§7. [Territory must be contiguous.] (§3892.) The territory 
included within the boundaries of any city, village or special 
school district shall be contiguous. (97 v. 334.) 

Contiguous here means that the territory must be such as 
touches — in actual and close contact. A sub-district is not 
a school district within the meaning of the statute. 

§ 8. [Annexation of territory to cities and villages.] (§ 3893.) 
Whenever territory is annex-ed to a city or village, such terri- 
tory^ thereby becomes a part of the city or village school district 
and the legal title to all school property in said territory shall 
be thereby vested in the board of education of such city or 
village school district. (97 v. 336.) 

When territory which is a part of a special school district 
is annexed to a village Avhich constituted another school dis- 
trict, such territory did not thereby become a part of the vil- 
lage school district — the directors of the special school district 
not having consented to such transfer under section 3893 (§8), 
or otherwise. (State ex rel. Board of Education v. Raine, 
Aud'r, 4 C. C, 72.) 

When territory is transferred from one district to another, 
the district to which the territory is attached is not entitled to 
a proportionate share of the school funds in the hands of the 
board of education or the county treasurer for the district 
from which it was detached, but is entitled to a share of the 
taxes levied but not collected. (Attorney-General.) 

§ 9. [Transfer of territory by agreement between boards of 
education.] (§3894.) A part or the whole of any school district 
may be transferred to an adjoining school district by the mu- 
tual consent of the boards of education having control of such 
district; to secure such consent it shall be necessary for each 
of said boards to pass a resolution indicating the action taken 
and definitely describing the territory to be transferred, and 
the passage of said resolution shall require a majority vote of 



§ 9 GUIDE FOR OHIO SCHOOL OFFICERS. 6 

the full membership of each board, to be taken by a yea and 
nay vote and the vote of each member to be entered on the 
records of such boards ; but such transfer shall not take effect 
until a map showing the boundaries of the territory transferred 
is placed upon the records of such boards, and copies of the 
resolution certified to the president and clerk of each board, 
together with a copy of said map, is filed with the auditor or 
auditors of the county or counties in which such transferred 
territory is situated. (97 v. 336.) 

Comments. Resolution Accepting. 

Resolution Releasing. 

Comments. — This section provides how territory may be 
transferred when all parties are willing; the next, when it is 
presumed all are not willing. It will be observed that several 
things are to be done before the change becomes effective. 

1. Each board of education of the districts concerned must 
pass resolutions. 

2. These resolutions must show the action taken and defi- 
nitely describe the territory, which must be contiguous. (See 
§ 3892, § 6.) 

3. It will take a majority of the full membership of each 
board. This means that it will require an affirmative vote 
of a majority vote of the vote when there is a full board. If 
there is a vacancy unfilled, this will in effect be counted 
against the resolution. 

4. There must be a called aye and nay vote, and each mem- 
ber's vote recorded. 

5. There must be a map showing the territory transferred. 

6. Copies of each board must be filed with the clerk of the 
other board. 

7. The territory must adjoin the district to which it is 
transferred. 

8. Certified copies of the resolutions must be filed with the 
auditor of the county in which the transferred territory is 
located. 

9. The maps must be recorded in the records of each board. 
Of necessit}^ there must be resolutions passed by each board 

not exactly alike ; one will be in the nature of making an 
overture and the other an acceptance. 

Form of Resolutions Releasing, etc. 

Resolved by the board of education of school district, etc., 

that there be transferred to the school district the following 

described territory: 



7 TRANSFER OF TERRITORY. § 10 

Resolved, that a map of such territory be made by and the 

same be made a part of the records of this proceeding. 

Resolved, that a certified copy of these resolutions be given to 

, president, and , clerk of the board of education of 

school district. 

Resolved, that $ , the costs herein, be paid by the board of 

education of . . district. 

Resolved, that upon receipt of this board of a certified copy of 
resolutions of said board of education of district and the pay- 
ment by said board of education of district of $ , costs 

herein to this board, and the map of the territory transferred be re- 
corded, the same shall become effective and operate from that date. 

Resolved, that a copy of these resolutions, together with a copy 
of said map of the territory transferred, be filed with ....... the 

auditor of the county in which the territory affected is located. 



Form of Resolutions of Board Accepting, etc. 

Resolved by the board of education of district that the 

following described territory , as shown on the accompanying 

map, has been, by resolution duly passed, transferred by the board of 
education of district to this board. 

Resolved, that the same be accepted and that a certified copy of 

these resolutions be given to , president, and , clerk of 

the board of education of district, and that said map be copied 

in the proceedings of this board. 

Resolved, that an order for $ , the costs herein expended by 

the board of education in making said map, etc., be drawn, payable 
to said board of education of district. 

Resolved, that a copy of these resolutions be filed with , 

auditor of county in which said transferred territory is lo- 
cated. 

The transfer of territory ought not to be made while the 
schools are in session. The proceedings are somewhat similar 
to the transfer under the old law of territory from one sub- 
district to another. 

A resolution also should be passed by each board as to the 
division of funds and indebtedness. (See Sec. 3896 (§ 11.) 

§ 10. [Transfer of territory by proceedings in probate 
court.] (§ 3895.) Territory can also be transferred from one 
school district to another in the following manner: A petition 
signed by not less than one-half of the qualified male citizens 
who are electors residing in the territory sought to be trans- 
ferred and accompanied by a correct map of said territory, 
shall be filed with the clerks of the boards of education inter- 
ested and if such boards of education fail to refuse to trans- 
fer such territory by mutual consent, as provided for in sec- 
tion thirty-eight hundred and ninety-four of the Revised Stat- 
utes of Ohio, within sixty days after the filing of said petition 



§ 10 GUIDE FOR OHIO SCHOOL OFFICERS. 8 

and map, the petitioner shall file a copy of said petition and 
map in the probate court of the county in which such terri- 
tory is situated, or if the territory be in two or more counties, 
in the probate court of the county containing the largest pro- 
porionate share of the territory to be transferred; the peti- 
tions [petitioners] shall be required to give satisfactory se- 
curity for the costs in the sum of one hundred dollars, con- 
ditioned that the sureties shall pay all the costs in case the 
transfer is not granted; the probate judge shall thereupon 
fix a day for the hearing of said petition and shall cause to 
be published for four consecutive weeks, in two newspapers 
of opposite politics, printed and of general circulation in the 
county, a notice of the filing of such petition and of the time 
of the hearing, and he shall also notify the clerks of the 
boards of education interested of the filing of the petition and 
the time of hearing; the probate judge is authorized and em- 
powered to hear and determine the case and give judgment 
for or against such transfer and his judgment shall be final. 
In case the finding is against the transfer, judgment shall be 
rendered against the petitioners for the costs of the proceed- 
ings, and if the finding is for the transfer, judgment shall be 
rendered against each of the boards of education interested 
for one-half of the costs, or if more than two boards are inter- 
ested judgment shall be rendered against each for its equal 
proportionate share of the costs. A certified copy of the find- 
ings of the court, together with a copy of the map of the terri- 
tory transferred, shall be filed in the office of the county 
auditor by the probate judge. (97 v. 337.) 



Comments. Petition to Board of Education. 

Proceedings in Probate Court. Petition to Probate Court. 

Comments. — The former section contemplated that the 
boards of education of the districts interested should take up 
the matter of transfer. This gives the right to the citizens to 
commence proceedings to have the transfer made, and the fol- 
lowing should be observed : 

1. It must be by petition, which must be signed by not less 
than one-half of the qualified male citizens who are electors 
of the territory sought to be transferred. As women are now 
voters upon school questions, it is not clear why they were 
not included, hut they are not. This matter is determined by 



9 TRANSFER OF TERRITORY. § 10 

an actual canvass of the territory proposed to be transferred 
at the time the petition is filed. 

2. The petition must be accompanied by a correct map of 
the territory to be transferred. 

3. It must be filed with the clerks of the board of educa- 
tion of the districts to be affected. This would involve that 
there be at least two copies of the petition and map made. 
When this is done, action by the boards should be requested. If 
the boards act favorably then the resolutions and forms given 
under the former section could with slight change be used. 
If they fail or refuse to act then the matter is taken to 
probate court. 

Proceedings in Probate Court. — In the proceedings in 
probate court, the following points .should be observed : 

1. The petition must be shown to be properly signed. 

2. It must be shown that it was filed with the various 
boards and that they refused to accept the same or failed to 
act thereon for sixty days after the same was filed with them. 
If the boards act, refusing the same, there is no need of wait- 
ing sixty days. 

3. A copy of the petition and map is to be filed. The 
original is left with the various boards. If the court grants 
the petition they have a map of the territory, etc. 

4. It must be filed with the probate judge of the county 
in which the territory is located, or, where the same is in two 
counties, where the greater portion is. 

5. The petitioners must give bond. 

6. A time must be fixed for hearing. 

7. Notice must be published in two papers of opposite 
politics for four weeks. 

8. The clerks of the various boards must be notified. 

9. A certified copy of the finding of the court must be 
given to the auditor. 

The court hears and determines the matter like any other 
proceedings in court and has power to subpoena witnesses, etc., 
and the following forms may be of assistance. 

Petition to Boards of Education. 

To the Boards of Education of District and District, 

County. Ohio . 

Sirs: — The undersigned, not less than one-half of the qualified 
male citizens who are electors of the following described territory, 

, as shown in the accompanying map and who are now within 

school district, county, of Ohio, request and petition 

that said territory be transferred from school district to 

school district, as provided by section 3895 of the Revised 

Statutes of Ohio. 



§ 11 GUIDE FOR OHIO SCHOOL OFFICERS. 10 

Petition to Probate Court. 

To the ProMte Court of County, Ohio: 

Sir: — A petition and accompanying map, of which a true copy is 

hereto attached, was on the day of 190. ., filed with the 

clerli ot the board of education of district, county, Ohio, 

and on the day of 190.., a like petition and map was 

filed with the clerk of the board of education of district, 

county, Ohio, the boards of education interested therein, and said 
boards of education having refused to transfer the territory as therein 
prayed for within 60 days from the time the same was filed with the 
clerks of their respective boards. A copy of said petition with map 
accompanying is now and here filed in this court, and you are asked 
to proceed therein as required by section 3895, of the Revised Statutes. 

A Petitioner. 

§ 11. [Division of funds and indebtedness when territory- 
is transferred or annexed.] (§3896.) When territory is trans- 
ferred from one school district to another under the provisions 
of section 3894 (§9) of the Revised Statutes of Ohio, the 
equitable division of funds or indebtedness shall be determined 
upon at the time of the transfer. "When territory is trans- 
ferred from one school district to another by proceedings 
in the probate court, or by the annexation of territory to a 
city or village, the proper division of funds in the treasury, 
or in the process of collection, of the board of education of 
the school district from which the territory is detached, shall, 
upon application to the probate court of the county in which 
such territory is situated by either board of education inter- 
ested, be determined and ordered by said court; in ease said 
board of education is indebted, such indebtedness together 
with the proper amount of money to be paid to said board 
of education b.y the board of education of the school district 
to which territory is transferred, annexed, or the district 
created, shall be, in a like manner, determined and ordered by 
said court. If the territory is situated in two or more coun- 
ties the application and proceedings shall be had in the pro- 
bate court of the county containing the largest proportionate 
share of said transferred territory. The findings of the pro- 
bate court shall be final. (97 v. 324.) 

When territory which is a part of a special school district is 
annexed to a village which constituted another school district, 
such territory did not thereby become a part of the village 
school district — the directors of the special school district not 
having consented to such transfer under section 3893 (§8), 



11 DIVISION OF FUNDS. § 11 

or otherwise. (State ex rel. Board of Education v. Fred 
Raine, Aud'r, 4 C. C, 72.) 

When territory is transferred from one district to another, 
the district to which the territory is attached is not entitled to 
a proportionate share of the school funds in the hands of the 
board of education or the county treasurer for the district 
from which it was detached, but is entitled to a share of the 
taxes levied but not collected. (Attorney-General.) 

The territory included within a school district must be con- 
tiguous. 



12 



GUIDE FOR OHIO SCHOOL OFFICERS. 



12 



CHAPTER 2. 



CITY SCHOOL DISTRICTS. 



Section. 
§ 12' (3897) 



§13 (3897a) 



§ 14 (38976) 



§ 15 (3897c) 
§16 (3897d) 



§17 (3897e) 



Boards of education 
in city districts; 
number of mem- 
bers; existing 
boards to fix num- 
ber of members and 
divide city into 
sub-districts; re- 
districting; when 
board fails to di- 
vide into districts; 
first election, how 
conducted; elec- 

tions held thereaf- 
ter; change in 
membership of 
board. 

Organization; meet- 
ings; president; 
clerk; nomination 
by petition. 

Trustees of school 
teachers' pension 
fund; number, elec- 
tion and term. 

How fund created. 

Retirement and pen- 
sion of teachers ; 
meaning of term 
"teacher"; amount 
of pension; who 
not entitled to pen- 
sion; how, when 
fund insufficient to 
pay pensions. 

Use of principal and 
income. 



Section. 
§18 (3897f) 



§19 (3897(/) 
§ 20 (389771) 



§ 21 (3897i) 
§22 (3897i) 

§ 23 (3897fc) 

§24 (38970 
§ 25 (3898) 



(3899) 
§26 (3900) 

§27 (3901) 

(3902) 
(3903) 



Monthly certifica- 
tions of deductions 
from salaries. 

Who custodian of 
fund; duties. 

Rebate in case of 
resignation or re- 
moval; heirs; lega- 
tees or assigns of 
deceased teacher 
entitled to half 
amount paid. 

Rules and regula- 
tions. 

Transfer of fund 
now existing to 
trustees herein cre- 
ated. 

Deductions, fines, 
penalties and as- 
sessments, disposi- 
tion of. 

Board of education 
may contribute to 
pension fund. 

Attached territory, 
assignment of and 
voting in. 

Repealed. 

Redistricting of city 
districts. 

Schools for deaf chil- 
dren. 

Repealed. 

Repealed. 



§12. [Boards of education in city districts; number of 
members.] (§ 3897.) In city school districts the board of 
education shall consist of not less than two members nor more 
than seven members elected at large, by the qualified electors 
of the school district, and of not less than two members nor 
more than thirty members elected from sub-districts by the 



13 CITY SCHOOL DISTRICTS. § 12 

qualified electors of their respective sub-districts; provided 
that in city school districts which at the last preceding federal 
census contained a population of not less than fifty thousand 
persons, the board of education shall consist of not less than 
three members nor more than seven members elected at large, 
by the qualified electors of such city school districts. 

[Existing boards to fix number of members and divide city 
into sub-districts.] Not later than the first day of July next, 
after the passage of this act, the present city school board, 
board of education, school council or other city school legislative 
body, shall pass a resolution fixing, within the limits pre- 
scribed by this act, the number of members of said board of 
education to be elected at large, and in city school districts 
where there are members of the board of education to be 
elected from sub-districts, they shall also, at the same time, 
fix the number of members of the board of education to be 
elected by such city sub-districts. The said city school board, 
board of education, school council or other city school legislative 
body, in city school districts where there are members of the 
board of education to be elected from sub-districts, shall, at 
the same time, to wit : Before the first day of July next, after 
the passage of this act, subdivide said city school district into 
sub-districts equal in number to the number of members of the 
board of education in said city school district who are to be 
elected from sub-districts therein established. Said sub-dis- 
tricts shall be bounded as far as practicable by corporation 
lines, streets, alleys, avenues, public grounds, canals, water 
courses, ward boundaries, voting precinct boundaries or pres- 
ent school district boundaries, and shall be as nearly equal in 
population as possible, and shall be composed of adjacent and 
as compact territory as possible. The lines of sub-districts 
so fixed shall not be changed until after each succeeding fed- 
eral census. 

[Redistricting.] Within three months after the official an- 
nouncement of the result of each succeeding federal census 
the board of education of each city school district shall redis- 
trict the said city school district into sub-districts in accord- 
ance with the provisions of this act. 

[When board fails to divide into districts.] If the city 
school board of education, school council, or other city school 



§ 12 GUIDE FOR OHIO SCHOOL OFFICERS. 14 

legislative body shall fail to district or redistrict said city 
school district as herein required, at the time or times herein 
specified, then and in that event, upon the application of the 
president of the board of education the state commissioner of 
common schools shall, subject to the requirements of this act, 
forthwith district, or redistrict said city school districts. - 

[First election; how conducted.] Provided also, that school 
sub-districts shall be numbered from one up, consecutively, 
and that at the first election for members of the board of edu- 
cation held after the passage of this act, the members to be 
elected to the board of education from sub-districts of odd 
numbers beginning with one, shall be elected for two years, 
and those elected from sub-districts of even numbers shall be 
elected for four years, and at the expiration of their respective 
terms their successors shall be elected for a term of four years ; 
and provided further, that at the said first election the mem- 
bers of the board of education at large in all city school dis- 
tricts shall be elected for terms as follows : 

If there be but two members of the board of education elect- 
ed at large, one shall be elected for two years and one for four 
years, and if there be more than two, and the isumber thereof 
divisible by two, the one-half of such board shall be elected 
for two years and one-half for four years, but if the whole 
number of members elected at large be not divisible by two, 
then the number to be elected for two years shall be the quo- 
tient obtained by dividing the whole number to be elected at 
large, less one, by two, and the remaining members shall be 
elected for four ^^^ears. 

[Elections held thereafter; change in membership of board.] 
At the expiration of their respective terms their successors 
shall be elected for four years. Members elected at large must 
be electors of the city school district, and members elected 
from sub-districts must be electors of the city sub-districts 
from which they are chosen, or of the territory attached to the 
sub-district for school purposes; a removal from said sub-dis- 
tricts, territory or city school district shall vacate said office. 
The number of members of the board of education shall not 
be changed, except at the time of the redistricting herein pro- 
vided for, within three months after the official annuounce- 
ment of the result of the federal census. All members of boards 



15 CITY SCHOOL DISTRICTS — ORGANIZATION OF BOARD. § 13 

of education of city school districts, herein provided for shall 
be elected at the same time and in the same manner as munici- 
pal officers are elected. (97 v. 338.) 

See §2 (§3886), as to what territory constitutes city districts. 

Number of IMembers. — This section contains a number of 
provisions that might be made the subjects of separate sections. 
It will be observed that all cities under 50,000 population have 
a board elected at large of not less than three members and 
not more than seven. In cities over 50,000 there shall be not 
less than two nor more than seven, elected at large and one 
from each sub-district. The number and boundaries of these 
sub-districts are to be fixed by the school board after 'each 
federal census. This provision as to the cities having a differ- 
ent population, is upon this matter merely a classification and 
is, no doubt, constitutional. 

"When Election Held. — The election is held at the same 
time municipal officers are elected. Members at large must, 
be residents of the city school district, and those elected from 
sub-districts must reside in the sub-district. And the board 
shall be so divided that one-half shall be elected every two 
years. 

See § 88 (§ 3970-12), as to how vacancy filled. 

Women are eligible to become members and to vote, see § 78 
(§ 3970-12). 

As to election generally, see § 76 (§ 3970-10). 

Members elected hold until their successors are duly elected 
and qualified, but no board can increase its own numbers. 
(State V. Ryland, 3 C. D., 633 ; 7 C. C, 1; 29 Bull., 396.) 

§13. [Organization; meetings; president; clerk; nomina- 
tion by petition.] (§ 3897a.) Boards of education in city 
school districts shall organize on the first Monday in January 
after the election held for members of the board of education 
'by the election of one of their members as president and the 
election of a clerk, who may or may not be a member of the 
board, the president to be elected for one year and the clerk 
to be elected for a term not to exceed two years; they shall 
fix the time of holding regular meetings. Upon the organi- 
zation of the first boards of education elected under this act, 
the previously existing boards of education are thereby abol- 
ished and said newly elected boards shall be their successors 
in all respects. 



§ 13 GUIDE FOR OHIO SCHOOL OFFICERS. 16 

[Nomination by petition.] Not less than fifteen days before 
the election of members of boards of education, nominations of 
candidates therefor may be made by nomination papers, signed 
in the aggregate for each candidate by not less than twenty- 
five qualified electors of either sex of the school district, except 
that in city school districts such nomination papers shall be 
signed by petitioners not less in number than one for every 
one hundred persons who voted at the next preceding general 
election in such city ; and whenever each of such candidates 
shall be so nominated and his or their names shall be presented 
to the county board of deputy state supervisors of elections 
of the county in which such district is situated not less than 
fifteen days prior to the ensuing election, the said board of 
deputy state supervisors of elections shall publish on two differ- 
ent days prior to such election the names of such candidates 
in two newspapers of opposite politics in the school district, 
if there be such printed and published therein, or, if no news- 
paper is printed therein, by posting such list of names in at 
least five public places in the school district. (97 v. 344.) 

As to bond of clerk, see §4050, Revised Statutes (§270). 

Organization. Nomination by Petition. 

Order of Business. Form of. 

Committees. 

Organization. — This shall be done the first Monday in Janu- 
ary after their election; the president elected for one year 
and the clerk not exceeding two years. They shall also at 
this meeting fix the time of holding their regular meetings. 
This is done after the organization. No business is to be done 
until after the organization of the board. Only such can par- 
ticipate in this organization as have certificates or credentials 
of election. At what time in the day" they should meet, the 
statute is silent; probably any reasonable time that a majority 
agree upon and get together. It would be better if the statute 
fixed a time of day for this first meeting. A majority of those 
elected will be a quorum to do business. But to elect an 
ofiicer requires an aye and nay vote, and a majority of all the 
members of the board. See § 89 (§ 3982.). 

Probably the only thing that should be done at this first 
meeting is to organize. Vacancies could not be filled, for there 
would be no official knowledge that the person elected did not 
intend to qualify until ten days after the board is organized. 
See § 88 (§ 3981). 



17 CITY SCHOOL DISTRICTS ORGANIZATION OF BOARD. § 13 

Each member must be duly sworn before he enters upon the 
discharge of his duties; that is, before he participates in the 
organization. See § 87 (_§ 3979). 

A record of the proceedings must be kept. See § 92 (§ 3985). 

And it is generally provided that no meeting is valid unless 
the time is fixed by its rules or by laws, § 92 (§ 3985). It 
would be well if some one of the members elect would see all 
elect and fix upon a time of the day on the first Monday in 
January when the meeting for organization would be held. 

The president elected, and clerk selected, and a time for 
meeting fixed, the board should adjourn. At the next meeting 
the president should present a list of his committees. If there 
is no quorum present at the appointed time they could adjourn 
from day to day, until a quorum was present. The president 
and treasurer cannot be the same person. If the treasurer is 
made president he will be ousted as treasurer (The State ex 
rel. J. B. Moore v. W. J. Heddleston, 5 Bull., 502) ; neither 
could the clerk and the treasurer be the same person. 

Order op Business. — To facilitate and simplify the work 
of the boards of education at their meetings, the following or 
a similar order of business is suggested : 

1. Election of president. 

2. Reading of minutes of previous meeting and correction 
and approval of same. 

3. Presentation of petitions and memorials. 

4. Reports of standing committees. 

5. Reports of select committees. 

6. Unfinished business. 

7. New business. 

8. Election of teachers and emplo^^ees. 

9. Presentation of accounts and action thereon, 
10. Appointment of standing committees. 

Committees. — In order that the work of the board may be 
systematized, it is suggested that the following standing com- 
mittees, composed of not more than three members each, be 
appointed : 

1. Committee on school-house sites, buildings and furniture. 

2. Committee on text-books and course of study. 

3. Committee on rules and regulations for government of 
teachers and pupils. 

4. Committee on fuel and school-house supplies. 

5. Committee on finance. 

6. Committee on teachers. 

The titles of these various committees indicate the character 
of the work to be performed by each of them, but since the 
selection of teachers is one of the most important duties to be 



§ 13 GUIDE FOR OHIO SCHOOL OFFICERS. 18 

performed by any board of education, it is suggested that some 
plan similar to the following may be adopted : 

All teachers desiring positions in the schools of a township 
should apply, in person, if possible, to one or more members 
of the committee on teachers appointed by the president of 
the board, and leave with this committee a certificate, or copy 
of one, covering the time for which application is made ; if an 
experienced teacher, recommendations from persons living in 
the district where the applicant last taught should also be 
presented ; if an inexperienced teacher, statements from com- 
petent persons regarding the applicant's general fitness for the 
work should be filed. If the application is for a position in 
the city school the application should be filed with the super- 
intendent, as he recommends teachers to the board. The com- 
mittee on teachers should also inform themselves as fully as 
possible to the needs of the different districts, and the wishes 
of the patrons in each. 

The committee should report to the board of education the 
result of their investigations, and make such recommendations 
as their judgment may direct. 

The president has a right to vote on all questions coming 
before the board. If by such vote a tie is produced, the 
motion is lost. 

Nomination by Petition. — As a usual thing, the candidates 
will be nominated by party caucuses or party conventions. But 
to allow school matters to remain outside of politics and permit 
the ladies to exercise a choice in candidates, special provision 
is made for nomination by petition. This petition must be filed 
with the board of elections at least 15 days before the election. 
It must be signed by, in the aggregate, not less than 25 quali- 
fied voters, male or female, for each candidate. That is, if 
there are two candidates it must be signed by 50 qualified 
•voters, etc. Of course these signers must reside in the school 
district, otherwise they would not be qualified voters. This 
applies to the ordinary school district outside of a city. In a 
city one person out of every hundred persons voting at the 
previous election in said city must sign the petition. There 
being no exception made, this would apply to both the members 
elected at large and those in the sub-districts. 

While nothing in this act states anything about a committee 
to fill a vacancy, yet it would be well to follow the general 
law in this respect. See § 76 (§ 3970-10), which requires the 
names of all candidates to be on one ticket, etc. 

The form of the petition may be as follows: 



19 



NOMINATION BY PETITION. 



13 



State of Ohio. 

Nomination by Petition. 

The undersigned, qualified electors of (name of county, 

township or other civil division), Ohio, in accordance with the pro- 
visions of law, make the following nominations, viz.: 



Name of 
Candidate. 



Office for which 
Nominated. 



Residence, 
(with street and 
number, if any.) 



Party or political 

principles. 

(Not more than 

three words.) 



We certify that we have not subscribed to any other nomination 
of candidates for any of the above offices. 

The following are the names and address of a committee which 

we hereby appoint to represent said party, who have power to 

fill vacancies: 



Name. 


Residence. Name. 


Residence. 






















Signature. 
(To be made in person.) 


Residence. 
(Street and number, if any.) 


i 




1 



State of Ohio, 
County, 

, 190.. 

Personally appeared , one of the signers to the above nomi- 
nation paper, and made oath that the statements therein contained are 
true to the best of his knowledge and belief, and that his post-office 

address is 

Before me, 

(Signature of Officer.) 



(Title of Officer.) 



§ 14 GUIDE FOE OHIO SCHOOL OFFICERS. 20 

§14. [Trustees of school-teachers' pension fund; number, 
election and term.] (§ 38976.) Whenever the board of educa- 
tion of any school district shall declare by resolution, adopted 
by a majority vote of the members of said board, that it is 
advisable to create a school-teachers' pension fund for such 
school district, said school-teachers' pension fund shall be 
under the charge, management and control of a board to be 
known as the board of trustees of the school-teachers' [pen- 
sion fund for such school] district, which board shall be com- 
posed of not less than three, nor more than seven, members, 
as said board of education shall by resolution declare ; if com- 
posed of less than five members, one of the members of said 
board of trustees of the school-teachers' pension fund of such 
school district shall be elected by the board of education of 
such school district, and the remaining members by the teach- 
ers of the public schools, including the teachers of any high 
schools, of such district, who have accepted the provisions of 
this act, as hereinafter provided; if such board is to be com- 
posed of five or more members, two of the members of said 
board of trustees of said school district shall be elected by 
the board of education of such school district, and the remain- 
ing members by the teachers of the public schools, including 
the teachers of any high schools of such school district, who 
have accepted the provisions of this act, as herein provided; 
such election of the members of said board by the teachers 
to be at a meeting called by the superintendent of schools of 
such school district, the first election to be at a meeting to 
be called by such superintendent when one-third of the teach- 
ers of the public schools of such school district shall have ac- 
cepted the provisions this act; the members of said board of 
trustees of the school-teachers' pension fund shall be elected 
for such length of time as the board of education of such 
school district shall by resolution declare, to serve not less 
than one, nor more than three, years, and shall serve until 
their successors are elected and qualified, such service to be 
without compenation. (92 v. 149; 94 v. 306; 95 v. 610.) 

Pension Fund. Form of Resolution. 

Pension Fund. — Before there can be any fund of that kind 
the board of education of the district must pass a resolution 



21 PENSION FUND — HOW CREATED. § 15 

that it is advisable to create a school-teachers' pension fund 
for said district. This can only be passed by a majority of 
all the members of the said board. And it would be advisable 
to have an aye and nay vote entered upon the minutes upon 
a call vote. 

The pension board shall be not less than three and not more 
than seven members, as fixed by the board, and they shall 
serve for such length of time as the board shall determine. The 
following might serve as a form of resolution and minutes, etc. : 

Form of Resolution. 

Resolved, that the board of education of school district of 

county, Ohio, deems it advisable to create a school-teachers' 

pension fund for said school district. That the board of ti'ustees of 
the said school-teachers' pension fund shall consist of three members, 
one to serve one year, and one to serve two years and one to serve 
three years from date of first election; thereafter there shall be one 
elected each year and serve for thi'ee years, and until his successor is 
elected and qualified. 

Upon call of aye and nay vote, the members voted as follovi^s: 

Henry Carter, nay. 

Chester Jones, aye. 

Peter Wilson, aye. 

Mrs. E. P. Lewis, aye. 

Ella Smith, nay. 

The resolution having received a majority vote of all the 
members of said board, is declared by the president as carried. 

§15. How fund created. (§3897c.) "Whenever the board 
of education of any school district shall have declared the ad- 
visability of creating a school-teachers' pension fund, as herein 
provided, the clerk of said board of education shall notify 
each and every teacher in the public schools and high schools, 
if any, of said school district, by notice in writing of the pas- 
sage of such resolution, and require said teachers to notify 
said board of education in writing within thirty days from the 
date of said notice whether they consent or decline to accept 
the provisions of this act; and from and after the election 
of the board of trustees herein provided for, the sum of two dol- 
lars ($2) shall be deducted by the proper officers from the 
monthly salary of each teacher who may have accepted the 
provisions of this act, and from the salary of such new teach- 
ers as may hereafter accept the same, as herein provided, said 
sum to be paid into and applied to the credit of said school- 
teachers' pension fund, and shall continue to so deduct said 
sum during the remainder of the term of service of said teacher. 



§ 16 GUIDE FOR OHIO SCHOOL OFFICERS. 22 

All teachers hereafter appointed in said public school, or high 
schools, if any, in said school district, shall be notified within 
thirty days after their appointment by the clerk of such board 
of education of the election of said board of trustees of said 
school-teachers' pension fund, and they shall be required to 
notify said board of education within six months thereafter 
whether they consent or decline to accept the provisions of this 
act. All moneys received from donations, legacies, gifts, be- 
quests or from any other source shall also be paid into said 
fund, or into a permanent fund, and if paid into a permanent 
fund, the interest only of said fund shall be applied to the 
payment of pensions. Said board of trustees shall have power 
to invest said pension fund in the name of said board in bonds 
of the United States, or the state of Ohio, or of any county in 
this state, or of any municipal corporation in this state, or of 
any school district in this state ; and said board shall have 
power to make payments from said pension fund for pensions 
granted in pursuance of this act. Said board of trustees shall 
also have power from time to time to make and establish such 
rules and regulations for the administration of said pension 
fund as they shall deem best. (92 v. 152; 95 v. 610.) 

Participants in Fund, etc. — Only such teachers as desire 
shall participate in the fund. And when the board has passed 
the resolution declaring such fund advisable, the clerk must 
notify each teacher, and the teacher must notify the board 
of education whether he will accept the same. All these 
notices must be in writing, and the clerk should preserve those 
received from the teachers, and make a record of the fact of 
their notification, and the answers received from each. 

New teachers must be notified. 

§ 16. [Retirement and pension of teachers; meaning of term 
"teacher"; amount of pension; who not entitled to pension; 
how, when fund insufficient to pay pensions.] (§ 3897d) Said 
board of education of said school district, and any union board, 
or other separate board, if any, having the control and man- 
agement of the high schools of said school district, shall each 
of them have power by a majority vote of all the members com- 
posing said board to retire on account of physical or mental 
disability, any male or female teacher under such board 
who shall have taught for a period aggregating twenty (20) 



23 PENSION FUND RETIEEMENT OF TEACHER. § 16 

years, whether before or after, or partly before or after, the 
passage of this act; provided, however, that three-fifths of 
said period of service shall have been rendered by said ben- 
eficiary in the public schools or high schools of said school dis- 
trict, or in the public schools or high schools of the county 
in which said school district is located, and the remaining two- 
fifths of said period . of service in the public schools of this 
state or elsewhere. 

[Meaning of "teacher."] "The term 'teacher' under this 
act, shall include all teachers regularly employed by either of 
said boards in the day schools, including the superintendents 
of schools, all superintendents of instruction, principals, and 
special teachers, and in the estimation of years of service, only 
service in public day schools or day high schools, supported 
in whole or in part by public taxation, shall be considered. 

[When teacher may retire.] Any teacher shall have the 
right to retire and become a beneficiary under this act who 
shall have taught for a period aggregating thirty (30) years, 
whether before or after, or partly before or after, the passage 
of this act; provided that three-fifths of said term of service 
shall have been rendered in the public schools or in the high 
schools of said school district, or in the public schools or high 
schools of the county in which said district is located, and the 
remaining two-fifths of said term of service in the public 
schools of this state or elsewhere. 

[Amount teacher may receive.] Each teacher so retired or 
retiring shall be entitled during the remainder of his or her 
natural life to receive as pension, annually, the sum of ten dol- 
lars ($10) for each and every year of service rendered as 
teacher, but in no event shall such pension paid to any teacher 
exceed the sum of five hundred dollars ($500) in any one 
year, and said pensions shall be paid monthly during the school 
year; but in no event shall such pension be paid to any teacher 
until such teacher shall contribute, or shall have contributed, 
to said fund a sum equal to twenty dollars ($20) a year for 
each and every year of service rendered as teacher, but in 
no event shall this sum exceed six hundred dollars ($600) ; 
but should any teacher retiring be unable to pay the full 
amount of this sum before receiving a pension, the board of 
trustees shall, in paying the annual pension to such retiring 



§§ 17-19 GUIDE FOR OHIO SCHOOL OFFICERS. 24 

teacher withhold on each month's payment twenty per cent, 
thereof, until the full amount as above provided shall have 
been thus contributed to the fund; provided further, that if 
said pension fund shall at any time be insufficient to meet the 
pensions so provided for, that during the period that such 
fund is insufficient to make such payment, the amount in said 
fund during said period shall be pro-rated between the parties 
entitled thereto. (98 v. 158; 94 v. 305.) 

§ 17. [Use of principal and income.] (§ 2897e.) Said board 
of trustees shall have the power to use both the principal and 
income of said fund for the payment of the premiums herein 
provided for, and the expense thereof. No portion of said 
pension fund shall, before its distribution and payment by said 
board of trustees to the beneficiaries, be liable to be taken or 
subjected by any writ or legal process against the beneficiary. 
(92 V. 154; 95 V. 612; 98 v. 158.) 

§ 18. [Monthly certifications of deductions from salaries.] 

(§ 3897/.) The clerk of the board of education of said school 
district, and the clerk of the union board of high schools, or 
other separate board having the control and management of 
the high schools of said school district, if any, shall each of 
them certify monthly to said board of trustees all amounts de- 
ducted from the salaries of the teachers as aforesaid, which 
amounts, as well as all other moneys contributed to said fund, 
shall be set apart as a special fund for the purposes herein spec- 
ified, subject to the order of said board of trustees. All moneys 
belonging to said fund shall be paid only on the order of said 
board of trustees, entered upon its minutes on warrants signed 
by the president and secretary of said board. (92 v. 154; 95 
V. 612; 98 V. 158.) 

§19. [Who custodian of fund; duties.] (§3897^.) The 
treasurer of said school district shall be the custodian of 
said pension fund, and shall keep the same subject to the order, 
control and direction of said board of trustees. He shall keep 
books of accounts concerning said fund in such manner as 
may be prescribed by said board, which books of account 
shall always be subject to the inspection of said board 
of trustees or of any member thereof. Said treasurer shall 
execute a bond to said board of trustees with good and 



25 PENSION FUND — RULES AND REGULATIONS. §§ 20-22 

sufficient sureties in such sum as said board of trustees 
shall require, which bond shall be subject to the approval of 
said board and be conditioned for the faithful performance of 
his duties as custodian of said board and treasurer of said board. 
He shall always keep and truly account for all moneys and 
profits coming into his hands as such treasurer belonging to 
such fund, and at the expiration of his term of ofdce shall pay 
over surrender and deliver to his successor all securities, 
moneys and other property of whatsoever kind, nature and de- 
scription which may be in his hands or under his control as 
treasurer aforesaid. Said treasurer shall be paid for his 
services under this act as compensation not to exceed one per 
cent, annually of the amount paid into said fund during the 
year. (92 v. 154; 95 v. 612; 98 v. 158.) 

§ 20. [Rebate in case of resignation or removal; heirs, lega- 
tees or assigns of deceased teacher entitled to half amount 

paid.] (§ 3897/i.) Anj^ teacher who shall resign or be removed 
for cause, as aforesaid, shall, upon application within three (3) 
months after such resignation or removal takes effect, be en- 
titled to receive one-half of the total amount paid by such 
teacher into such fund. In case of the death of any teacher, 
the heirs, legatees or assigns of the deceased teacher shall be 
entitled to receive one-half of the total amount paid by such 
teacher into such fund upon application therefor, with proof 
of claim to the satisfaction of the board of trustees. (92 v. 154; 
94 V. 308; 95 V. 613.) 

§21. [Rules and regulations.] (§ 3897i.) The board of 
trustees shall make such rules and regulations as it may deem 
expedient or necessary for its government ; which rules and reg- 
ulations must be adopted, and when adopted, may be amended, 
by a vote of not less than two-thirds of all the members of 
said board of trustees. (94 v. 308; 95 v. 613.) 

§ 22. [Transfer of fund now existing to trustees herein cre- 
ated.] (§ 3897^.) Upon the election and organization of a 
board of pension trustees under this act in any school district of 
this state, any school-teachers' pension fund heretofore created 
for said district under any former act, shall be transferred to 
the board of trustees created under this act by the board or 
persons having control thereof ; and all beneficiaries now receiv- 



§§ 23-26 GUIDE FOR OHIO SCHOOL OFFICERS. 26 

ing pensions from the fund transferred as aforesaid, shall con- 
tinue to receive pensions under this act. (95 v. 613.) 

§ 23. [Deductions, fines, penalties and assessments, dispo- 
sition of.] (§ 3897^.) The board of education in any school 
district which has created, or shall hereafter create, a teachers' 
pension fund, shall pay monthly into said teachers' pension fund 
all deductions, fines, penalties and assessments made against 
any of the teachers or other employes of said board for viola- 
tion of any of the rules or orders of the said board. (97 v. 340; 
98 V. 158.) 

§ 24. [Board of education may contribute to pension fund.] 

(§ 3897L) The board of education in any school district which 
has created or shall hereafter create, a teachers' pension fund, 
may pay semi-annually out of the contingent fund of such 
school district, into said teachers' pension fund, not to exceed 
two per cent, of the gross receipts of said board of education 
raised by taxation to be applied to the payment of teachers' 
pensions as hereinbefore provided. (97 v. 340.) 

§25. [Attached territory, assignment of and voting in.] 

(§ 3898.) When territory is attached to a city school district 
for school purposes, it shall be the duty of the board of educa- 
tion to assign such territory to the sub-district or sub-districts 
adjoining the same, and a map showing such assignment shall 
be made a part of the record of the board ; the electors residing 
in said attached territory shall be entitled to vote for school 
officers and on all school questions in the sub-district to which 
they are assigned, and in the election precinct nearest their res- 
idence ; and in case the board fails to perform this duty, the 
electors residing in said attached territory shall be entitled to 
vote in the sub-district and precinct nearest their residence. 
An elector residing in the city, but not in the city school dis- 
trict, shall not be entitled to vote in said city school district. 
(97 V. 340.) 

Sec. 3899. Repealed (89 v. 79.) 

§ 26. [Redistricting of city districts.] (§ 3900.) The redis- 
tricting of a city school district shall not affect the membership 
of the then existing board of education in said city school dis- 
trict; all the members thereof shall continue to serve for the 
full term for which they were elected, but after the expiration 
of. said terms the election of members of the board of education 



27 SCHOOLS FOR DEAF CHILDREN. §§ 21 -21 a 

from sub-districts shall be by the sub-districts as redistricted. 
(97 V. 341.) 

§27. [Schools for deaf children.] (§3901.) Boards of ed- 
ucation of city school districts are authorized and empowered 
to establish and maintain, under their management and control 
one or more day schools for the education of the deaf youth 
of school age of the district, the expense of conducting the same 
to be paid from the school funds of the district in the same 
manner and from the same funds as other school expenses are 
paid. (97 v. 334.) 

§ 21a. [Day schools for deaf.] Sec. 1. That upon application 
by a board of education of any school district of this state to 
the state commissioner of schools, he shall grant permission 
to such board of education, and such board of education shall 
thereupon be empowered to maintain within its limits one or 
more day schools, having an average attendance of not less 
than three pupils, for the instruction of deaf persons over the 
age of three, residents of the state of Ohio. (98 v. 219.) 

[Eeport to state school commissioner.] Sec. 2. Such board 
of education, which shall maintain one or more day schools for 
the instruction of the deaf, shall report to the state commis- 
sioner of schools annually, and as often as such state commis- 
sioner shall direct, such facts concerning such school or schools 
as he may require. (98 v. 219.) 

[How expenses of school defrayed.] Sec. 3. The county 
auditor in each county is hereby authorized and directed to ap- 
portion and the county treasurer to pay out of the state com- 
mon school fund received by such county, to the treasurer or 
other financial officer of such board of education, maintaining 
such school or schools for the instruction of the deaf, the sum 
of one hundred and fifty dollars for each deaf pupil, resident of 
such county, instructed in any such school for at least nine 
months during the school year and a share of such sum propor- 
tionate to the term of instruction of any such pupil as shall be 
so instructed less than nine months during such year. If no 
school shall be maintained in any county but persons residing 
in such county shall attend such school in another county, then 
the county treasurer of the county not maintaining such school 
shall apportion and pay to the financial officer of the board 



§ 27a ' GUIDE FOR OHIO SCHOOL OFFICERS. 28 

of education of such other county the amount above specified 
for each pupil attending such school in such other county. (98 
V. 219.) 

[Payment of Expenses.] Sec. 4. The sums provided in the 
next preceding section shall be paid by such county treasurer 
as soon as may be after the receipt by him of the state common 
school fund in each year, upon satisfactory proof being made 
to him by the- president or clerk of such board of education 
maintaining such school, of the number of pupils instructed in 
such school or schools, and their residences, and the period of 
time such pupil shall have been so instructed in such school or 
schools for the preceding school year. (98 v. 219.) 

[Appointment and qualification of teachers.] Sec. 5. All 
teachers in such schools shall be appointed and employed as 
other public school teachers are appointed and employed. All 
persons appointed to teach in any such school shall have had 
special training for teaching, and shall also have had special 
training in the teaching of the deaf, including at least one 
year's experience as a teacher in a school for the deaf. The 
so-called "oral" system shall be taught by such teachers, and 
after fair trial of nine months, any of such children shall for 
any reason, be unable to learn such oral method, then no 
further expense shall be incurred in the effort to teach such 
child so unable to learn such oral method in such primary 
schools. (98 V. 219.) 

[Who considered deaf.] Sec. 6. For the purpose of this act, 
any person of sound mind, who, by reason of defective hearing, 
can not profitably be educated in the public schools, as other 
children are, shall be considered deaf. (98 v. 219.) 

[Inspection of.] Sec. 7. The state school commissioner shall 
select some competent person to inspect all day schools or- 
ganized under this act, or by other authority and shall cause 
an inspection to be made of said schools at least twice a year, 
and said persons so appointed shall make a written report to 
the state commissioner of common schools of the buildings in 
which said schools are being held, the method of instruction 
and all other matter which may seem to be of interest and 
profit to the education of the children in said schools. (98 
V. 219.) 

Sec. 3902. Repealed April 25, 1904. 
Sec. 3903. Repealed April 25, 1904. 



29 



VILLAGE SCHOOL DISTRICTS. 



28,29 



CHAPTER 3. 
VILLAGE SCHOOL DISTRICTS. 



Section. 

(3904) Repealed. 

(3905) Repealed. 

(3906) Repealed. 

(3907) Repealed. 

§ 28 (3908) Board of education 
in village districts; 
membership; elec- 
tion and term. 

§ 29 (3909) Newly created vil- 
lage districts; elec- 
tion in. 



Section. 

§30 (3910) Voting in attached 
territory. 

§ 31 (3911) Organization; presi- 
dent ; clerk ; regu- 
lar meetings. 

(3912) Repealed. 

(3913) Repealed. 

(3914) Repealed. 



Sec. 3904. Repealed April 25, 1904. 

Sec. 3905. Repealed April 25, 1904. 

Sec. 3906. Repealed April 25, 1904. 

Sec. 3907. Repealed April 25, 1904. 

§28. [Board of education in village districts; membership; 
election and term.] (§ 3908.) The board of education of vil- 
lage school districts shall consist of five members elected at 
large at the same time and in the same manner as municipal 
officers are elected, for the term of four years from the first 
Monday in January after their election or until their succes- 
sors are elected and qualified. At the first municipal election 
held after the passage of this act there shall be a board of 
education elected in all village districts as provided for herein, 
two to serve for two years, and three to serve for four years, 
and at the municipal election held every second year thereafter, 
their successors shall be elected for the term of four years. 
Upon the organization of said boards, upon the succeeding first 
Monday in January after their election, the previously existing 
village boards of education shall be thereby abolished and the 
newly elected and organized board shall be their successors in 
all respects. (97 v. 344; 91 v. 121; 88 v. 494; 75 v. 53, § 18.) 
See §3 (§3888), as to what comprises a village district. 



§ 29. [Newly created village districts; election in.] (§ 3909.) 
In all incorporated villages not now organized as school dis- 



§§ 30-31 GUIDE FOR OHIO SCHOOL OFFICERS. 30 

tricts and in all villages hereafter created, there shall be a 
board of education elected as provided for in section 3908 (§28) 
of the Revised Statutes of Ohio ; provided, however, that if said 
election be a special election held in a newly created village, 
the members elected shall serve for the terms as indicated in 
said section 3908 (§28), from the first Monday in January 
after the last preceding election for members of boards of edu- 
cation, and the board shall organize on the second Monday 
after the special election. (97 v. 341; 75 v. 53, § 19.) 

§30. [Voting in attached territory.] (§3910.) Electors 
residing in territory attached to a village school district for 
school purposes, shall be entitled to vote for school officers 
and on all school questions, at the regular voting place in the 
village to which such territory is attached, and should said 
village be divided into voting precincts, it shall be the duty of 
the board of education of such village school district to assign 
such territory to the adjoining precinct or precincts and to 
have a map prepared showing such assignment, said map to 
be made a part of the records, of the board, and the electors 
residing in such attached territory shall be entitled to vote in 
the precinct to which they are assigned, but in case no assign- 
ment of territory is made, the elector shall vote in the precinct 
nearest his residence. An elector residing in a village, but not 
in a village school district, shall not be entitled to vote in said 
village school district. (97 v. 334.) 

§31. [Organization; president; clerk; regular meetings.] 

(§ 3911.) Boards of education of village school districts shall 
organize on the first Monday in January after the election 
of the board, by the- election of one of their members president, 
and the election of a clerk who may or may not be a member 
of the board, the president to be elected for one year and the 
clerk to be elected for a term not to exceed two years; and 
they shall fix the time of holding regular meetings. (97 v. 
3340 

Sec. 3912. Repealed April 25, 1904. 
Sec. 3913. Repealed April 25, 1904. 
Sec. 3914. Repealed April 25, 1904. 
See § 13, notes under § 3897a, is to organization, etc. 



31 



TOWNSHIP SCHOOL DISTRICTS. 



32 



Section. 
§ 32 (3915) 



§ 33 (3916) 

(3917) 

(3918) 

(3919) 

§ 34 (3920) 



§35 (3921) 
§ 36 (3921a) 



See 
See 
See 
See 
See 
See 
See 
See 
See 



CHAPTER 4. 
TOWNSHIP SCHOOL DISTRICTS. 



Boards of education 
in township dis- 
t r i c t s ; member- 
ship; election and 
term. 

Attached territory; 
voting in. 

Repealed. 

Repealed. 

Repealed. 

Organization; presi- 
dent; clerk; regu- 
lar meetings. 

Sub-districts recog- 
nized. 

Director of sub-dis- 
tricts; election; 
term; duties. 



Section. 
§ 37(3922) 



§ 38 (3923) 



39 



§40 



§41 
§42 



(3924 
(3925 
(3926 
(3927 
(3927- 
(3927 



Centralization b y 
suspension of one 
or more sub-district 
schools. 

Joint sub-districts 
abolished. 

Repealed. 

Repealed. 

Repealed. 

Repealed. 

Repealed. 

Centralization, sub- 
mission of question 
to vote. 

An act to provide 
for the support of 
normal schools. 
Tax, for election. 

New election. 



76 (3970-10) General election laws applicable. 

78 (3970-12) Women may vote. 

86 (3978) Oaths of members. 

88 (3981) Vacancies in board. 

89 (3982) Necessity of quorum. 
86 (3978) Special meetings. 

92 (3985) Rules of board. 

90 (3983) Absence of president. 

5 (3890) As to what constitutes. 



§32. [Boards of education in township districts; member- 
ship; election and term.] (§3915.) The board of education 
of township school districts shall consist of five members elected 
at large at the same time and in the same manner as the town- 
ship officers are elected, for the term of four years from the 
first Monday in January after their election [or] until their 
successors are elected and qualified. At the first township elec- 
tion held after the passage of this act, there shall be a bo^rd of 
education elected in all township districts as provided for here- 
in, two to serve for two years, and three to serve for four years, 
and at the township election held every second year thereafter, 
their successors shall be elected for the term of four years. 
Upon the organization of said boards, upon the succeeding first 
Monday in January after their election, the previously existing 



§ 33 GUIDE FOR OHIO SCHOOL OFFICERS. 32 

township boards of education shall be thereby abolished and 
the newly elected and organized boards shall be their succes- 
sors in all respects. (97 v. 342.) 

Recent Change. — This and subsequent sections make a com- 
plete change in the election, organization and powers of town- 
ship boards of education. Under the former law the township 
boards were not voted for directly nor by the electors of the 
entire township. 

The directors were elected by the voters of each sub-district, 
and these directors constituted the board of education of the 
district. Formerly three directors were elected in each district, 
then these three directors organized and elected one of their 
number as clerk, and this member constituted the director that 
met with the board of education. Then each sub-district hired 
its own teacher and made its own contracts generally. Later 
the law was amended so that there was but one director elected 
in each sub-district. This was more recently amended so that 
there was one director elected, who was the member of the 
board from that district, and two subdirectors, but the power 
to hire teachers, etc., was in the board. 

The election of township ofScers is now held on the first 
Tuesday after the first Monday in November of the odd num- 
bered years. (1442 R. S.) 

§33. [Attached territory; voting in.] (§3916.) Electors 
residing in territory attached to a township school district for 
school purposes, shall be entitled to vote for school officers and 
on all school questions, at the regular voting place in the town- 
ship to which such territory is attached, and should such town- 
ship be divided into different voting precincts, it shall be the 
duty of the board of education of the township district, to as- 
sign such attached territory to the adjoining precinct or pre- 
cincts ; if territory is attached to more than one precinct, a map 
shall be prepared showing such assignment and said map shall 
be made a part of the records of the board of education, and 
electors shall be entitled to vote according to such assignment, 
but in case no assignment of territory is made, the electors 
shall vote in the precinct nearest to their residence. An elector 
residing in the township, but not in the township school dis- 
trict, shall not be entitled to vote in said township school dis- 
trict. (97 V. 342.) 

Sec. 3917. Repealed April 25, 1904. 
Sec. 3918. Repealed April 25, 1904. 
Sec. 3919. Repealed (90 v. 76). 



33 TOWNSHIP SCHOOL DISTRICTS — ORGANIZATION, ETC. § § 34-35 

There ought to be no difficulty under the above statute in 
the elector determining where he should vote. 

As to elections in village districts, see § 28 (§ 8908). 

§34. [Organization; president; clerk; regular meetings.] 
(§ 3920.) Boards of education of township school districts 
shall organize on the first Monday in January after the elec- 
tion of the board, by the election of one of their members pres- 
ident and the election of a clerk who may or may not be a mem- 
ber of the board, the president to be elected for one year and 
the clerk to be elected for a term not to exceed two years ; and 
they shall fix the time of holding regular meetings. (97 v. 342.) 
See not under § 13 (§ 3897a), as to organization and committees to 
be appointed and order of business. 

The state commissioner of schools advises that there should 
be monthly meetings of the board. (Annual Eeport, 1905, p. 7.) 

He also recommends that a small salary be allowed, not to 
exceed $2.00 per meeting for twelve meetings. An adjourned 
meeting of a regular session is a regular meeting, and a teacher 
can be elected at such meeting. 

For special meetings, see § 86 (§ 3978). 

§ 35. [Sub-districts recognized.] (§ 3921.) The divi- 
sion of township school districts into sub-districts as they exist 
at the time of the passage of this act, shall continue and be rec- 
ognized for the purpose of school attandance, but the board 
of education is authorized to increase or diminish the number 
or change the boundaries of the sub-districts at any regular 
meeting, a map designating such changes to be entered upon 
its records. (97 v. 343.) 

The term '^ sub-district," as used in Section 1 of this supple- 
mentary act of April 9, 1867 (64 v. 117), does not include the 
subordinate territorial divisions of separate school districts 
into which a city or village may be subdivided, but applies 
exclusively to township or county sub-districts. Anders et 
al. V. Spargur et al., 19 0. S., 577. 

A sub-district does not have the power of suing or being sued, it is a 
mere geographical division of territory.. Woodlawn Special vs. Evandale 
Special. Hamilton Common Pleas. April 22, 1907. 

Different Modes of Altering Sub-Districts. 

Resolved by the board of education of township. That there 

be transferred and united with sub-district number so much of 

sub-district number , as is bounded as follows: [describe bound- 
ary.'] 

Resolved by the board of education of township. That sub- 
district number is hereby abolished, and there is hereby trans- 



§ 36 GUIDE FOR OHIO SCHOOL OFFICERS. 34 

ferred to and united with sub-district number , so much of the 

territory of said abolished sub-district as is bounded as follows: [de- 
scribe boundary], and so much of said abolished sub-district as is not 

herein united with sub-district number , is transferred to and 

united with sub-district number This resolution shall take 

effect on the day of , 19 . . 

Resolved by the board of education of township, That so 

much of sub-district number , as is bounded as follows: [de- 
scribe boundary], be cut off from said sub-district, and that so much 

of sub-district number as is bounded as follows: [describe 

boundary], be cut off from said sub-district, and that the territory thus 

cut off from sub-districts numbers and , respectively, is 

hereby consolidated and formed into a new sub-district and designated 
sub-district number of township. 

Resolved by the board of education of township, That sub- 
districts numbers and are hereby abolished, and that the 

territory included in said sub-districts at the time of their abolish- 
ment is hereby consolidated and formed into a new sub-district, and 
designated sub-district number of township. This reso- 
lution shall take effect on the day of , 19 . . 

Note. — When a new sub-district is formed the township board 
should appoint a director as provided in section 3921a (§ 36). 

§36. [Director of sub-districts; election; term; duties.] 
(§ 3921a.) In all township districts the schools of which are 
not centralized or consolidated there shall be elected by ballot 
on the second Monday of April, 1905, and annually thereafter 
in each sub-district, by the qualified electors thereof, one com- 
petent person, having the qualifications of an elector therein 
to be styled director. In all cases of tie votes at an election 
for director the judges of election shall decide the election by 
lot ; and in other cases of failure to elect directors or in case of 
a refusal to serve, or in case where vacancies exist from any 
cause, the township board of education shall appoint a director 
for such sub-district. The director of each sub-district shall 
post written or printed notices in three or more conspicuous 
places in his sub-district at least six days prior to the election, 
designating the day and hour of opening, and the hour of 
closing the election. 

[Where held.] The election shall be held at the school house 
in the sub-district. The meeting shall be organized by ap- 
pointing a chairman and secretary, who shall act as judges 
of the election under oath or aifirmation, which oath or affirma- 
tion may be administered by the director of the sub-district, 
or any other person competent to administer such an oath or 
affirmation, and the secretary shall keep a poll-book and tally- 
sheet, which shall be signed by the judges, and delivered 



35 TOWNSHIP SCHOOL DISTRICTS — DIRECTOR IN. § 36 

within eight days to the clerk of the township board of edu- 
cation. 

[Meetings of district and other matters.] The qualified 
electors of the sub-district may hold other meetings at any 
time upon the call of the director or of any five electors. Five 
days' notice shall be given of such meetings by posting notices 
in five public places in the vicinity. Tlie director of each sub- 
district shall preside at the school meetings of the district, 
record their proceedings, and shall act as the organ of com- 
munication between the inhabitants and the township board of 
education. He shall take charge of the school house and prop- 
erty belonging thereto under the general order and direction 
of the township board of education and preserve the same and 
when so ordered by the board shall make all temporary repairs 
o"f the school house, furniture and fixtures, and provide the 
necessary fuel for the school, rei)orting the cost thereof to the 
board of education for payment. 

[Takes enumeration.] The director of each sub-district shall 
take the enumeration of his sub-district and return the same to 
the clerk of the township board of education in the manner 
prescribed by law. (97 v. 343.) 

Comments. Oath of Judges of Election. 

Notice of Sub-District School Minutes of Appointment of 
Meeting for the Election School Director, 

of Director. Certificate of Appointment of 

Notice of Election in a New School Director to Fill Va- 
Sub-district. cancy. 

Form of Poll-book. Oath of School Director. 

Form of Tally-sheet. Special Meetings in Sub-dis 
Form of Minutes of Sub-dis- trict. 

trict School Meeting. Notice. 

Form of Certificate of Elec- 
tion of School Director. 

Comments. — The board of education may remove or suspend 
the director for cause. Section 206 (§ 4017). 

This section is an innovation. It provides for the election 
of a director in each district, who is not a member of the 
board, but is the organ of communication 'between the inhabit- 
ants of the districts and the board of education. And he is 
the agent of the board in looking after the school house, etc. 
But he can make no contracts unless authorized by the board 
of education. Tf a meeting is desired of the people of the 



§ 36 GUIDE FOR OHIO SCHOOL OFFICERS. 36 

district, they may call one, at which he is to preside. He is 
elected in the same manner that the director under the former 
statute was. When there is a vacancy from failure to elect or 
any cause, his successor would be appointed by the board to 
serve until the next annual election. No compensation is pro- 
vided, but he is to make the enumeration of his district. If 
an appointment is made by the board the clerk must notify 
the appointee. Section 206* (§ 4017). 

Notice. — At least six days prior to the second Monday of 
April of each year it is the duty of the director of each sub- 
district to post up in three or more public places, where they 
are likely to be seen, notices of such school election, designat- 
ing the day, and the hour of opening and closing the election 

In the law pertaining to such notices a day is held to be 
indivisible. Hence a notice issued on any day allows the 
whole of that day to be included in the six or other number 
of days' notice, provided for by a statute. Since the six 
days must all expire before the meeting begins, it must also 
expire before the day begins on which the meeting is held, 
the day itself being but a point of time. The acts of a meeting 
held on any other day than that expressed in the notice are 
invalid. 



Form of Notice of Sub-District School Meeting for the Election 

of Director. 

Notice is hereby given to the qualified voters of sub-district No. 

of township, county, Ohio, that the next annual 

school meeting for the election of a school director in said district 
will be held at the school house (or usual place) in said sub- 
district, on Monday, the day of April, 190. ., beginning at 

o'clock p. M. (a. m.) and closing at o'clock p. m. (a. m.). 

Director. 

Notice of Election in a New Sub-District. 

Whereas, The board of education of township, ...... county, 

did, at their last regular meeting, the third Monday of , abolish 

sub-district number [or sub-districts numbers and ] 

and form from the territory of said sub-district, and so much of sub- 
district number as is bounded as follows: [describe boundary^, 

a new sub-district, to be known as sub-district number : 

Therefore, notice is hereby given to the qualified voters of said 
sub-district thus organized and designated, that a meeting for the elec- 
tion of a director will be held at , on the day of . ■. , 

from . . o'clock to . . o'clock said election to be con- 
ducted as prescribed in § 3922 (§ 37). 

By order of the Township Board. 

, 19.. • " Clerk. 



37 



ELECTION OF SCHOOL DIRECTOR. 



36 



The above notice to be posted in three or more conspicuous 
places at least six days prior to the election. 

A notice for a school election must state the purpose for 
which it is to be held, and no other business can be legally 
transacted thereat. (14 Vermont, 300.) 

The evident intent of the law requires that when the polls are 
once opened, they should be kept open until the hour pre- 
scribed for finally closing; but the statute on the conduct of 
elections, Section 2929, is said to be directory, and if so, "a 
departure from its strict observance will not necessarily in- 
validate an election, where no fraud has been practiced and 
no substantial right violated." (Fry v. Booth, 10 0. S., 25.) 

It is presumed that the same principle holds In the school 
law. But the burden of proof Avill be on the party denying the 
violation of personal rights in the case. 

The polls should be opened and closed at the precise time 
designated by the statute, if the statute fixes the time, or by 
the notice, if so fixed. 

Form of Poll-book. 

Of the election held in sub-district No , in the township of 

, in the county of and state of Ohio, on Monday, the 

day of April, in the year A. D. 190. . 

A. B., chairman, and C. D., clerk, judges of said election, were sev- 
erally sworn, as the law directs, previous to their entering on the 
duties of their respective offices. 



Number and Names of Electors. 


1 Number and Names of Electors. 


No. 1 




No. 5 


2 




6 


3 




7 1 


4 




8 1 









It is hereby certified that the number of electors who voted at this 



election is 



See section 2960 R. S. (§- 



.Chairman, 
.Secretary, 

Judges. 



Form of Tally Sheet 



Of the election held in sub-district No , in the township of 

, in the county of , and State of Ohio, on Monday, the 

day of April, in the year A. D. 190.., to elect a director for 

said sub-district. 



§36 



GUIDE FOR OHIO SCHOOL OFFICERS. 



38 



,. , , Tallies showing number of votes ^ , , 

Names of candidates. 1 ^.^^^ ^^^ ^^^^ candidate. ^°^^^- 



We certify 

That had votes, 

That had votes, 

That had votes. 

That had votes. 

That had votes. 

And that had votes for director of said sub-district at 

the election above mentioned. 

Chairman, 

Secretary, 

Judges. 



The poll-book and tally-sheet must be signed by the judges of 
the election before they separate. No signing after such separa- 
tion is valid. They must be delivered within eight days to the 
clerk of the township. 

Form of Minutes of Sub-district School Meeting. 

Sub-district No 

Township, County, Ohio. 

, 190.. 



At a meeting of the qualified voters of said sub-district, due and 
legal notice of which had been given, held on the second Monday of 
April, 190.. (or if special meeting, give other date), was ap- 
pointed chairman, and secretary. 

Whereupon, said voters proceeded to elect by ballot, one director 
of said sub-district, for the term of one year; and upon inspection 
of the several ballots given at said election it was found and pub- 
licly declared that was duly elected. 

Chairman, 

Secretary. 



Form of Certificate of Election of School Director. 



190. 



To the Clerk of Township, 



County, Ohio. 



This is to certify that a meeting of the qualified voters of sub- 



held on the second Monday 
ive other date), was 



district number township 

of April, 190.. (or, if special meeting, 
of the several ballots given at said election it was found and pub 
elected school director for the term of one year. 
Witness my hand. 



Chairman 



39 ELECTION OF SCHOOL DIRECTOR. § 36 

The law provides that the meeting shall be organized by the 
appointment of a chairman and secretary, and they shall take 
an oath or affirmation, which oath may be administered by the 
director or other competent person. . 

The following will do for a form of oath : 



Oath to Judges of Election. 

You do solemnly swear that you will support the Constitution of 
the United States and' the State of Ohio, and that you will faithfully 
and honestly discharge the duties that will become yours in the con- 
duct of an election of a school director in sub-district No , 

township, county, Ohio. This you will to the best of your 

ability, so help you God. 

If there should be no election held or there should be a va- 
cancy, some one in the district shoidd report that matter to 
the board, and the board would appoint some one to fill the 
place. It might be well to have a special election in the sub- 
district to ascertain the choice of the inhabitants. 



Minutes of Appointment of School Director. 

Whereas, , the director in sub-district number , 

township, county, Ohio, has resigned (died, or refused to serve, 

etc.), and no election having been held to fill such vacancy as pre- 
scribed by law; 

Therefore the board of education appoints director in said 

sub-district, who shall hold his office until the time of the next annual 
election, and until his successor is elected and qualified. 



Clerk of said Township Board. 



Certificate of Appointment of School Director to Fill Vacancy. 

This is to certify that has been appointed director of sub- 
district number , township, county, Ohio, to fill 

the vacancy caused by of , said appointment to extend 

until the next annual election as provided for in section 3921a. 

, Ohio, 

, 190.. 

Attest: 

, Clerk. President. 



Oath of School Director. 

The following oath, which may be administered -by the clerk or any 
other member of the board of education, should be taken by each 
director before entering upon the discharge of his duties. 

You, , do solemnly swear [or affinn^ that you will support the 

Constitution of the United States, and the Constitution of the State 
of Ohio, and that you will faithfully and impartially discharge the 



§ 37 GUIDE FOR OHIO SCHOOL OFFICERS. 40 

duties of director in and for said sub-district, number 

township, county, Ohio, according to law and the best of your 

ability. 

See section 36 (3921a). 

Special Meetings in Sub-District. — If there is a desire to 
hold other meetings in the sub-district, the director may call 
the same, or any five electors may do so. If the director be 
present he is chairman of the meetings, and he shall see that 
there is a record of the proceedings made. The board of edu- 
cation ought to supply each director with a blank book in 
which a record of the proceedings of all meetings should be 
kept. "When a meeting is called by the director or the elec- 
tors, a notice must be made of such meeting. This notice must 
be posted up for five days before the meeting is held. It should 
state the object of the meeting, and may be in the following 
form: 

Form of Notice of Sub-District Meeting. — Notice. 

The school electors of sub-district number , township, 

county, Ohio, are hereby notified that there will be a meeting of 

the electors of said district at the school house therein on the 

day of , 190. ., at o'clock, for the purpose of considering 

the following matter : 



Director. 

§ 37. [Centralization by suspension of one or more sub-dis- 
trict schools.] (§3922.) The board of education of any town- 
ship school district is authorized to suspend the schools in an}^ 
or all sub-districts in the township district, but upon such sus- 
pension the board must provide for the conveyance of the pu- 
pils residing in such sub-district or sub-districts to a public 
school in said township district, or to a public school in another 
district, the cost of such conveyance to be paid out of the 
funds of the township school district ; or the board may abolish 
all the sub-districts providing conveyance is furnished to one 
or more central schools, the expense of such conveyance to be 
paid out of the funds of the district. When transportation of 
pupils is provided for, the conveyance must pass within at least 
the distance of one-half of a mile from the respective residence 
of all pupils, except when such residences are situated more 
than one-half of a mile from the public road ; but boards of ed- 
ucation shall not be required to provide transportation for 
pupils living less than one-half of a mile from the school house. 
(97 V. 344.) 



41 CENTRALIZxVTION OF SCHOOLS. § 37 

Centralization Defined. Advantage of Centralization. 

Scope of Act. Control of District. 

Form of Resolution. 

The former law defined centralization as follows : 
"For the purposes of this act the word 'centralization' is 
hereby defined as a system of schools in a township provid- 
ing for the abolishment of all sub-districts and the conveyance 
of pupils to one or more central schools." (94 v. 317.) 

Scope of Act. — Under this section the school of an entire 
township might be centralized. It is probably intended, how- 
ever, to be applied where a few districts are to be centralized, 
and even then it might be well to gather the consensus of 
opinion in the various districts by submitting the matter to a 
vote, as provided in section 3927-2 (§ 39). If centralization is 
decided upon, then conveyance for all pupils must be provided 
for those living more than one-half mile from the school house. 

Action of the board should be taken by resolution. Unless 
demanded by some member there need not be an aye and nay 
vote taken, nor would it require an affirmative vote of more 
than one-half of all the members of the board to carry the 
resolution, but it would be advisable to follow section 89 
(§ 3982) in such matters. 

The resolution should merely state what districts are cen- 
tralized, and where the central school is to be held. 

It might be in the following form : 

Form of Resolution. 

Resolved, by the board of education of , township, 

county, Ohio, that sub-districts No , and be and 

the same are hereby centralized, and the school for the same will here- 
after be held in the school house situated in sub-district No ._ . , 

and that said centralized district be known as centralized school dis- 
trict No of township, county, Ohio. 

Control of District. — Such centralized school district is 
under the direct supervision of the township board. There is 
no director of schools therein. Upon the centralization of the 
schools such office is abolished. Of course, before the cen- 
tralization can be made effective, the board must provide con- 
veyance for pupils, etc. 

Advantages of Centralization. — In the state commissioner's 
school report for 1905, he says that there are now seventy-five 
townships in thirty-one counties, centralized in whole or in 
part, and that: 

"In the past year committees have been appointed by dif- 
ferent townships to investigate this subject in the north- 



§ 37 GUIDE FOR OHIO SCHOOL OFFICERS. 42 

eastern part of the state, where centralization has been in 
progress to a greater or less extent since 1892. These com- 
mittees have interviewed patrons, teachers, pupils and dri- 
vers, and so far as I have been able to learn the reports from 
all parties interested have been exceedingly favorable. 

"Some of the advantages resulting from the centralization 
of schools are the following: 

"It insures a much better attendance of pupils and greatly 
reduces the number of cases of tardiness and truancy. 

"It gives an opportunity^ for a better classification of the 
schools and proper grading of pupils. 

"It encourages supervision and gives the superintendent 
a much more favorable chance for thorough inspection of the 
work of the lower grades. 

"It limits the field of work for each teacher and gives an 
opportunity for a more thorough preparation. 

"It gives fewer classes to each teacher and longer recita- 
tion periods, insuring more thorough work. 

"It gives the bo3^s and girls of the rural schools the benefit 
of such special branches as music and drawing under a spe- 
cial teacher employed by the board of education, if the patrons 
so desire. 

"It encourages the formation of good township high schools, 
and gives to the boys and girls in the township districts the 
same advantages enjoyed by children in the city districts. 

"It favors the teaching of the elements of agriculture in 
the rural schools. 

"It tends to prevent difficulties Avhich often arise on the 
way to and from school, and tends to protect the health and 
morals of the children. 

"Better equipment in the way of apparatus and library for 
the different grades can be provided for less money. 

"The children have the benefit of modern conveniences in 
the way of ventilation and sanitary arrangements. 

"Better janitor service can be secured. 

"It helps to solve a difficult problem for the boards of 
education where the enumeration in several sub-districts is 
very small, school buildings are in need of extensive repairs 
or perhaps new buildings may be needed. 

"It tends to bring good roads. 

"The cost of maintaining this system varies according to 
local conditions. If in some instances it is a little more than 
under the old plan the universal testimony is that the addi- 
tional advantages and the increased efficiency of the schools 
more than compensate for the increased outlay. 

"In some townships the arrangement of the sub-districts 
and the condition of the roads at certain seasons of the 3^ear 
may be such as to make centralization impracticable, but 



43 JOINT SUBDISTRICTS ABOLISHED. §§38,39 

where the conditions are at all favorable this plan is earnestly 
commended to the favorable attention of township boards of 
education. ' ' 

§38. [Joint sub-districts abolished.] (§3923.) Joint sub- 
districts are hereby abolished and the territory of such dis- 
tricts, situated in the township in which the school house of 
the joint sub-district is not located, shall be attached for 
school purposes to the township school district in which said 
school house is located, and shall constitute a part of said town- 
ship school district, and th^ title of all school property located 
in said joint sub-district, is hereby vested in the board of edu- 
cation of the township to which the territory is attached. A 
map of such attached territory shall be prepared under the 
direction of the board of education of the township district 
to which such territory is attached, and shall be made a part 
of the records of said board, and a copy of the same shall be 
filed with the auditor of the county in which said territory is 
situated, or if the territory be in two or more counties, said 
map shall be filed with the auditor of each county. (97 v. 
344. 

Sec. 3924. Repealed April 25, 1904. 
Sec. 3925. Repealed April 25, 1904. 
Sec. 3926. Repealed April 25, 1904. 
Sec. 3927. Repealed April 25, 1904. 
Sec. 3927-1. Repealed April 25, 1904. 

The boundaries of the district remain the same as it was 
before. But the complete control of the school and its prop- 
erty passes to the township, in which the scliool house is lo- 
cated. A director would be elected the same as in other sub- 
districts, and should be voted for by all the electors residing- 
within the boundaries of the sub-district. A map of the at- 
tached territory must be made and filed with the auditor of 
each countj^ in which the territory is located. 

§ 39. [Centralization, submission of question to vote.] 

(§ 3927-2.) A township board of education may submit the 
question of centralization, and upon the petition of not less 
than one-fourth of the qualified electors of such township 
district, must submit such question to a vote of the qualified 
electors of such township district, and if more votes are cast 
in favor of centralization than against it, at such election, it 
shall then become the duty of the board of education, and 



§ 39 GUIDE FOR OHIO SCPIOOL OFFICERS. 44 

sucli board of education Is required to proceed at once to the 
centralization of [the] schools of the township, and if neces- 
sary purchase a site or sites and erect a suitable building or 
buildings thereon ; provided, that if, at the said election, more 
votes are cast against the proposition for centralization than 
for it, the question shall not again be submitted to the electors 
of said township district for a period of two years. When the 
schools of a township have been centralized, such centralization 
shall not be discontinued within three years thereafter, and 
then only by petition and election as required herein and if at 
such election more votes are cast against centralization than 
for it, the division into sub-districts as they existed prior to 
centralization, shall be thereby re-established at the next reg- 
ular election, and sub-district directors shall be elected as pro- 
vided in § 3921a (§ 36) of this act. (97 v. 344.) 

Comments. Form of. 

How Centralized. Petition to Board for. 

Election — Former Law. Centralization. 

Resolution. Decentralization. 

When the schools of a township have been centralized no 
part of the territory comprised in such centralization can 
be taken to form a special school district. Fulks v. Wright, 
72 0. S., 547. 

How Centralized. — The township board may, on their own 
motion, submit the question to a vote, and on petition of not 
less than one-fourth of the qualified electors of said township 
district the board must submit the question. The township 
district does not necessarily coincide with the boundaries of 
the township. It may include more or less. All electors in 
the township district are entitled to vote on this proposition. 
Women can not vote on this proposition; the law only allows 
them to vote for members of the board. The statute provides 
both how the districts may be centralized and decentralized. 

Election, etc. — Nothing is said in the present law about the 
conduct of this election. In the former law it was provided 
that all elections ordered by a board of education in pursuance 
of section two of this act shall be held at the usual place or 
places of holding township elections, at a regular or special 
election, as may be determined by the board, and notice shall 
be given and the election conducted in all respects as pro- 
vided by law for the election of township officers, and the 
ballots shall have printed thereon "For centralization— Yes. " '^ 
"For centralization— No." (94 v. 317) (§3921-3). 



45 RESOLUTION OF CENTRxVLIZATION § 39 

No such provision is found in the present law, and I pre- 
sume the same would be controlled by the following section of 
the Revised Statutes : 

(2996-2.) Unless the act so providing for the submitting 
of any question to the qualified voters of any township, coun- 
ty, village or city also provides for the calling of a special 
election for that purpose, no special election shall be so called, 
and the question so to be voted upon shall be submitted at a 
regular election in such township, county, village or city, and 
notice that such question is to be voted upon shall be embodied 
in the proclamation for such election. (90 v. 130.) 

The law does provide as to the number necessary to carry 
the same. If section 2996-2, R. S., controls, then the election 
would be under the control of the county election board. 

The matter, however, should be printed on a separate ballot, 
for the reason that possibly all persons entitled to vote on 
township matters could not vote on the school matter, the 
boundaries not being the same ; and for the further reason 
that in determining whether the question is carried, this may 
be necessary. If a ballot is blank it is not counted either 
way. 

Resolution, etc. — "When the board, either upon its o"\vn mo- 
tion, or by petition presented, decides upon submitting the 
question to the voters, a resolution to that effect should be 
passed and certified to the county board of elections. The 
following might serve as a form of resolution: 

Form of Resolution. 

Resolved by the board of education of township school 

district, county, Ohio, that a petition having been presented to 

us requesting that the question of centralizing the schools of this 
school district be submitted to the qualified electors of said district, 
which petition was signed by at least one-fourth of the qualified 
electors of this township school district. 

Resolved, that the said question be submitted to the qualified 
voters of said school district on (at the time of regular election), 
and that a copy of these resolutions be certified by the clerk of this 

board to the board of elections of county, Ohio, to proceed 

according to law. 

It may be possible that the board of education might order a 
special election. 

Form of Petition to Board for Vote Upon Centralization. 

To the Board of Education of School District. 

The undersigned, constituting at least one-fourth of the qualified 

electors in the township school district, respectfully petition 

your honorable board that the question of the centralization of the 

schools of the school district of township, county, Ohio, 

be submitted to a vote of the qualified electors of said school district. 



§§ 40-42 GUIDE FOR OHIO SCHOOL OFFICERS. 46 

and that your body proceed therefore as provided in §39 (§3927-2, 
R. S., Ohio). 



Decentralization. — If it is desired to do away with central- 
ization after it has once been adopted, it can only be done 
by petition and election three years after it has been central- 
ized. If more votes are east against centralization than for 
it, then the old sub-districts are re-established in the same 
conditions that they were before it w^as decided to centralize 
the schools. 

§ 40. [To provide aid for the support of normal schools.] 

Sec. 1. That the trustees of any township in "the state of Ohio, 
in which a normal school is organized and conducted or may 
be established hereafter, are authorized to levy annually a 
tax, not exceeding two mills on the dollar upon all the tax- 
able property of the township for the purpose of aiding in the 
support of such normal school. (97 v. 389.) 

§ 41. [Tax for Election.] See. 2. Before the tax may be 
levied, the question of making a levy for the purpose named 
in section 1, herein, shall be submitted to the qualified electors 
of the township, at a special or general election to be held in 
such towaiship, due notice of which shall be given at least 
twenty days prior to the election, by publication in some news- 
paper of general circulation in the township ; and provided a 
majority of the votes cast at such election upon said question 
of tax levy is in favor of levying the tax, then the trustees 
of the township thereafter shall make the levy annually and 
report the same to the county auditor for collection as other 
taxes, and when collected, to be paid over to the duly qualified 
and acting treasurer of the board of trustees of such normal 
school. (97 V. 389.) 

§ 42. [New election.] Sec. 3. At any time after four years 
from the date of an election held in accordance with the pro- 
visions of section 2 of this act, another election may be peti- 
tioned for, and shall be ordered by the trustees of the town- 
ship, provided the petition shall be signed by at least forty 
per cent, of the qualified electors of the township. (97 v. 389.) 



47 



SPECIAL SCHOOL DISTRICTS. 



43 



CHAPTER 5. 
SPECIAL SCHOOL DISTRICTS. 

Section. 

§43 (3928) Formation of special 
school district, pro- 
ceedings for. 

§ 44 (3929) Further proceedings 
in probate court. 

§ 45 (3930) Boards of education 
in special districts; 
membership; elec- 
tion and term. 

§46 (3931) Elections, how con- 
ducted. 

§ 47 (3932) Election in newly 
created special dis- 
trict. 

§48 (3933) Organization of 
board of education; 
president; clerk; 
regular meetings. 

§49 (3934) Transportation of 
pupils in special 
districts. 

§ 43. [Formation of special school district, proceedings for.] 

(§ 3928.) A special school district may be formed of any con- 
tiguous territory, not included within the limits of an incor- 
porated city or village, which has a total tax valuation of not 
less than one hundred thousand dollars. 

[Petition.] To establish a special school district, a petition 
signed by not less than ten male citizens who are electors of 
the proposed special district shall be filed in the office of the 
probate judge of the county in which such special district is 
situated or if said district is situated in two or more counties, 
then with the probate judge of the county having the great- 
est total tax valuation in said proposed district; 

[Description of territory.] Said petition shall set forth the 
desires of the petitioners, shall contain a description of the 
territory to be included in the proposed special district, and 
shall be acompanied by a statement giving the total tax valua- 
tion of said territory certified to by the county auditor or au- 
ditors and also an accurate map of the territory to be included 



SEeTION. 




§ 50 (3935) 


Abandonment or 




continuance of spe- 




cial district, elec- 




tion for. 


(3936) 


Repealed. 


(3937) 


Repealed. 


(393SJ 


Repealed. 


(3939) 


Repealed. 


(3940) 


Repealed. 


(3941) 


Repealed. 


(3941a) 


Repealed. 


(3942) 


Repealed. 


(3943) 


Repealed. 


(3944) 


Repealed. 


(3945) 


Repealed. 


(3946) 


Repealed. 


(3946a) 


Repealed. 


(3947) 


Repealed. 


(3948) 


Repealed. 


(3949) 


Repealed. 


(3950) 


Repealed. 



§ 43 GUIDE FOR OHIO SCHOOL OFFICERS. 48 

in said district, the same to be prepared to the satisfaction of 
the probate judge; said petition shall also be accompanied by 
an undertaking of one or more of the petitioners, with security 
to the satisfaction of the judge, in the sum of one hundred 
dollars, conditioned that the parties entering into the under- 
taking shall pay all the costs of the proceedings if a special 
school district is not created, and in such case the probate judge 
shall render judgment against the parties to the undertaking 
for all the costs of the proceedings. In case the petition is 
granted the costs shall be taxed against the special school dis- 
trict thereby authorized, and shall be paid by the board of 
education of said special school district, thereafter elected, from 
any funds that may come into its possession. 

[Remonstrance.] A remonstrance signed by one or more of 
the male citizens who are electors of the proposed district may 
be filed with the probate judge, and shall be considered on the 
hearing of the petition. Nothing herein contained shall be so 
construed as to abolish any special school district now exist- 
ing, but all such districts, whether created under the provisions 
of a general or special act, including the territory now con- 
stituting such special district, shall, unless changed under the 
provisions of this chapter, continue to be and remain and be 
recognized and regarded as legal special school districts, ex- 
cepting, however, such special school districts which do now or 
may hereafter include within their boundaries an incorporated 
city or village, and in such cases such special district shall be- 
come a city or village school district with or without territory 
attached or detached, as the case may be. And all officers and 
members of boards of education of existing special school dis- 
tricts heretofore created, whether by special or general act, 
shall continue to hold and exercise their respective offices and 
powers thereof, until their successors are elected and qualified 
as provided herein ; provided that all such officers of such dis- 
tricts created by special act shall hold such offices only until 
the first Monday of January following the first election for 
school officers to be held after the passage of this act, at which 
election their successors shall be elected. (97 v. 345.) 



49 SPECIAL SCHOOL DISTRICTS — ESTABLISHMENT. § 43 

Form of Petition. Remonstrance. 

Special School Districts, etc. Reasons for Establishing, etc. 

Procedure to Establish. Unconstitutional. 

Form of Petition, 

To the HonoraTile the Probate Judge of County, Ohio. 

The undersigned respectfully represent that they are male citizens 
who are electors of the territory hereinafter described, and that they 
request that a special school district be established, herein described, 
for the following reasons: 



Said special school district is to be bounded and described as fol- 
lows : 

Accompanying this petition and made a part thereof, marked "Ex- 
hibit A," is an accurate plat of the territory of said district, and 
also accompanying the same is a statement of the total tax valuation 
of the same, certified by the auditor of county, marked "Ex- 
hibit B." 



Special School Districts, etc. — The above section provides 
several things : 1. How new districts may be established. 2. 
Present special school districts to remain as they are. 3. Ex- 
cept when they are incorporated cities, villages, then they shall 
become city or village districts. 4. Old officers shall remain 
in office until new officers are elected. Under the old law 
chapter five related to joint sub-districts ; under the new code 
there are no joint sub-districts. Section 3888, R. S., § 3, spe- 
cifically provides what shall constitute a special school district. 
The population does not seem to be an important element, but 
the tax valuation of its property is an essential. 

Procedure to Establish. — It must be formed of contiguous 
territory not within the limits of any incorporated city or vil- 
lage, and it must not be territory of another special district, 
Scott V. McCullough, 72 0. S., 538. nor of a centralized district, 
Fulks V. Wright. 72 O. S., 547. It must have a tax valuation 
of at least $100,000. The petition must be signed by not less 
than ten male electors of the proposed district; it must con- 
tain a description of the territory included in the proposed 
district, and must be accompanied with an accurate map of the 
same, and a total tax valuation thereof certified by the auditor, 
etc. 



§ 43 GUIDE FOR OHIO SCHOOL OFFICERS. 50 

Remonstrance. 

To the Honorable the Probate Judge of County, Ohio. 

The undersigned respectfully represent that they are citizens and 
electors of the territory described in a petition filed in this court by 

and others for the establishment of a special school district, 

and they remonstrate against the establishment of the same for the 

following reasons : 

and ask that the same be not established and the proceedings brought 
on said petition dismissed. . 



Reasons for Establishing, etc. — What shall be sufficient 
reason or reasons for the court to grant a new special school dis- 
trict the statute is silent. Neither is it clear who shall be heard 
to oppose or advocate it. None of the residents of the proposed 
district have a right to file a written remonstrance. But notice 
must be given to the clerks of all the boards of education that 
have territory in the proposed district. Are the interests of 
the residents of the proposed district to be alone considered, 
or must the question as to how the proposed special district 
will affect the school districts from which the special districts 
are taken, also be taken into consideration? The petition 
must be signed by the residents of the proposed district. The 
remonstrance likewise must be signed by such residents. If it 
is sought to abandon such district, § 50 (§ 3935), or if the board 
of such special district wishes to have the question of its 
continuance submited to a vote, only the electors of the spe- 
cial district are considered, and if a majority of such electors 
vote its discontinuance, it goes back to the various districts 
from which it came, no matter how it may affect such districts. 
The legislature has said that there shall be city districts, vil- 
lage districts, township districts and special districts, but from 
the fact that special districts can not be formed from territory 
in an incorporated city or village, this special district must 
be carved out of a township district, and the reason for such 
special district seems to be founded upon the idea that by the 
creation of the same the people of the proposed district will 
be enabled to have better school facilities than they had before, 
and therefore it would seem that the welfare of the people only 
of the proposed district is to be considered in the determination 
of the question whether or not the district should be estab- 
lished. And from the fact that home rule has always been 
favored in school matters, if the judge is satisfied that they 
will have merely as good schools as they now have, and no 
serious result occurred to the districts from which it is taken, it 
should be granted. But it would not be unwise to consider 
also what effect it will have on the remaining territory. If it 



51 PROCEEDINGS IN PROBATE COURT. § 44 

leaves it in such a condition tliat the proper edncation of the 
youth therein will be endangered, it ought not to be hastily 
granted. 

Unconstitutional.— That part of § 43 (§ 3928 R. S.), which 
attempts to preserve special school districts, which were created 
by special acts of the legislature, is special legislation, and un- 
der the recent rulings of the supreme court as that character 
of legislation can not be considered otherwise than as being un- 
constitutional and void. State v. Hickman, 27 C. C, 219 ; Bart- 
lett V. State, 73 0. S., 55. 

Such special districts being illegal and void, the territory 
therein will go back to the township board of education from 
which it was taken, and so will all the property therein, as well 
as the government of the school, but all contracts made before 
the law was declared unconstitutional by the board of educa- 
tion of such special school district are valid and binding upon 
the board that succeeds it. Beck v. Rocky River Bd of Ed., 14 
Dec, 317. 

In such eases it would be proper to proceed as provided in 
§ 3929 R. S. (§ 44), and have the special district re-established. 

§ 44. [Further proceedings in probate court.] (§ 3929.) 
Upon the filing of a petition in the probate court for the es- 
tablishment of a special school district, the judge thereof shall 
fix a time for the hearing of the same, which shall be within 
sixty days of the filing thereof ; he shall thereupon cause to be 
published for four consecutive weeks, in two newspapers of op- 
posite politics, printed and of general circulation in the county 
where the petition is filed, notice of the filing of such petition 
and the time of the hearing thereon ; such notices shall also be 
mailed to the clerk or clerks of the board or boards of education 
having territory in the proposed special school district. The 
probate judge is authorized to hear and determine the question 
of the establishment of such special school district, may sub- 
pcpna and examine witnesses under oath, may change the boun- 
daries of the proposed special school district, shall fix and de- 
termine the amount of money due and payable to said special 
district from the surplus money in the treasury or in process of 
collection in the district or districts from which it was formed, 
or in case of the indebtedness of such district or districts, he 
shall determine the amount of money due and payable by the 
special school district to the district or districts from which it 
was formed, and in either case the amount so found due shall 



§ § 45, 46 GUIDE FOR OHIO SCHOOL OFFICERS. 52 

be [a] valid and binding obligation upon the board of education 
of such district or districts. The fees in cases involving the es- 
tablishment of special school districts shall be the same as 
in civil cases, and the jurisdiction of the probate court in such 
cases shall be exclusive. (97 v. 346.) 

Hearing, etc. — The judge must proceed as the statute di- 
rects, and, having given the notice required, proceed to hear 
the question whether or not the district should be established; 
he may change the boundaries and arrange the manner of 
division of funds, etc. There is no appeal from the pro- 
bate judge's decision, except in an indirect way. If the people 
of the special district are not satisfied they can have the 
matter submitted to a vote, under § 50 (§ 3935.) 

§45. [Boards of education in special districts; member- 
ship; election and term.] (§3930.) The board of education 
of special school districts shall consist of five members elected 
at large at the same time and in the same manner as the town- 
ship officers are elected, for the term of four years from the 
first Monday in January after their election or until their 
successors are elected and qualified. At the first township elec- 
tion held after the passage of this act, there shall be a board 
of education elected in all special districts as provided for 
herein, two to serve for two years, and three to serve for four 
years, and at the township election, held every second year 
thereafter, their successors shall be elected for the term of 
fotir years. Upon the organization of said boards, upon the 
succeeding first Monday in January after their election the 
previously existing boards of education of special school dis- 
tricts shall be thereby abolished and the newly elected and 
organized boards shall be their successors in all respects. (97 
V. 346.) 

See matter under § 95 (§3987). 

§46. [Elections, how conducted.] (§3931.) Elections in 
special school districts shall be held by the regular election 
officers of the township in which such special districts are sit- 
uated, and if a special district is situated in two or more town- 
ships, the election shall be held by the election officers of the 
different townships for the electors residing in each township 
respectively. At least twenty days prior to the first election 



53 SPECIAL SCHOOL DISTRICTS — ELECTION IN. § 47 

held under this act, it shall be the duty of the clerk of the 
board of education of each special school district to notify 
the deputy supervisors of elections of the county in which 
the district is situated, or if said district be in two or more 
counties, he shall notify the deputy supervisors of each county 
of the names of the voting precincts having territory in such 
special school district, and the probable number of electors in 
each precinct, in order that said deputy supervisors shall be 
enabled to prepare ballots and election supplies and distrib- 
ute the same to the proper precincts, and in each precinct there 
shall be separate ballots, ballot boxes, poll-books and tally- 
sheets for each school district having voters therein. (97 
V. 346.) 

§ 47. [Election in newly created special district.] (§ 3932.) 
"When a special school district is created, a mass-meetng of the 
electors in such district shall be called by the posting of notices 
in five public places in the district, setting forth the time and 
place of said meeting and signed by at least three electors of 
the district. The electors assembled at said meeting shall elect 
a chairman and secretary and fix the time for holding the first 
election for members of the board of education, the time so 
fixed shall not be within twentj^-five days of the time of hold- 
ing said mass-meeting. The chairman and secretary of said 
meeting shall immediately post notices in five public places 
within the district, giving the date of the election, and shall 
notify the deputy state supervisors of elections as provided in 
§ 3031 (§ 46) of the Revised Statutes of Ohio. The board thus 
elected shall organize on the second Monday after the elec- 
tion, and the term of the members shall be as indicated in 
§3930 (§45) of the Revised Statutes of Ohio, from the first 
Monday in January after the last preceding annual election for 
members of boards of education, or until their successors are 
elected and qualified. (97 v. 347.) 

Procedure, etc. Notice of Time of Election. 

Notice. 

Procedure, etc. — The statute does not say who shall put up 
these notices. It is presumed that there are some interested 
parties that will attend to this matter. This notice should 
state the object of the meeting, and might be in the following 
form : 



% 

§ § 48, 49 GUIDE FOR OPIlO SCHOOL OFFICERS. 54 

Notice. 

The electors of special school district, township, 

county, Ohio, will take notice that on the ...... day of 

190.., at o'clock .. m., at a mass-meeting of the elec- 
tors of said special school district will be held for the purpose of 
fixing the time for holding the first election of members of the board 
of education of said district. 



Notice of Time of Election. 

The electors of special school district, township, 

county, Ohio, will take notice that at a mass-meeting of the electors 

of said school district on the day of , 190.., Monday, 

the day of , 190.., was fixed as the time when the 

election of members of the board of education of said special school 
district should be held. 



Chairman. 
Secretary. 

The time of election must be at least not less than 25 days 
after the mass meeting. 

§48. [Organization of board of education; president; 
clerk; regular meetings.] (§ 3933.) Boards of education of 
special school districts shall organize on the first Monday in 
January after the election of the board, by the election of one 
of their members president and the election of a clerk, who 
may or may not be a member of the board, the president to 
be elected for one year and the clerk to be elected for a term 
not to exceed two years ; and they shall fix the time of holding 
regular meetings. (97 v. 347.) 

See § 13 (§ 3897a), as to organization, committees, etc. 

§ 49. [Board of education may provide for conveyance of 
pupils to school house.] (§3934.) Boards of education of 
special school districts are authorized to provide for the con- 
veyance of the pupils of said districts to the school or schools 
of the districts, the expense of said conveyance to be paid from 
the school fund of the special school districts; provided, how- 
ever, that boards of education of such districts as provide 
transportation for the pupils thereof shall not be required 
to transport pupils living less than one-half of a mile from 



55 yPECIAL SCHOOL DISTRICTS — ABANDONMENT. § 50 

the school house; transportation of pupils, in any event being 
optional with the board of education. (98 v. 267.) 

§ 50. [Abandonment or continuance of special district, 
election for.] (§ 3935.) When a petition is signed by not 
less than one-third of the electors residing within the terri- 
tory constituting a special school district, whether created 
under the provisions of a general or special act, praying for 
the abandonment or continuance of such district, shall be pre- 
sented to the board of education of said district, or when 
said board shall, by a majority vote of the full membership 
of the board, decide to submit the question of abandoning or 
continuing the special school district, it shall be the duty of 
the board to fix the time of holding said election at either a 
special or general election, and the clerk of the board shall 
notify the deputy state supervisors of elections, as provided 
in § 3931 (§46) of the Revised Statutes of Ohio, of the date 
of such election and the nature of the same, and said super- 
visors of elections shall provide for the same. 

[Clerk to post notice.] The clerk of the board of education 
shall also post notices of said election in five public places 
within the district. If said election be submitted at a special 
election in a district situated in t"u^o or more election pre- 
cincts, the election shall be held at the precinct nearest the 
school house in said special district, by the election officers 
of the precinct, and all the electors of said district shall vote 
at said precinct. 

[District in two counties.] If the district is situated in two 
or more counties, the deputy state supervisors of the county 
in which said nearest election precinct is situated shall have 
charge of the election. If said question is submitted at a reg- 
ular election, it shall be conducted in the same manner as the 
election of members of the board of education. 

[Ballot.] The ballot shall be in the regular form, but 
without the circle at the top, and shall have printed thereon 
''Abandonment of Special School District, Yes;" "Abandon- 
ment of Special School District, No;" or ''Continuance of 
Special School District, Yes ; " " Continuance of Special School 
District, No." as the case may be. 

[Expense.] The expense of said election shall be paid in 
the same manner as are other school election expenses, and 



§ 50 GUIDE FOR OHIO SCHOOL OFFICERS. 56 

returns of said elections shall be made to the board of ed- 
ucation of the special school district, and if more votes are 
cast for abandonment than against it, or against continuance 
than for it, said boards shall certify the result to the board 
or boards of education of the township or townships having 
territory in said special district, and the territory of said 
special district shall thereby revert to the township school dis- 
trict or districts from which it was originally taken, except as 
hereinafter provided for in the case of indebtedness of the 
special district. 

[When to remain a special district.] Otherwise said dis- 
trict shall continue to be and remain and be recognized and 
regarded as a legal special school district as theretofore con- 
stituted. The legal title of the property of the special school 
district shall in the event of abandonment or failure to con- 
tinue become vested in the board or boards of education of 
the township or townships in which such property is situated. 
And the school funds of said special district shall be paid 
into the treasury of the township district, and if said special 
district be in two or more townships, it shall be divided be- 
tween them in proportion to the total tax valuation of prop- 
erty in the several districts, but the abandonment of a special 
school district shall not be deemed complete until the board 
of education of said district shall have provided for the pay- 
ment of any indebtedness that may exist. (97 v. 348.) 

Sec. 3936. Repealed April 25, 1904. 

Sec. 3937. Repealed April 25, 1904. 

Sec. 3938. Repealed April 25, 1904. 

Sec. 3939. Repealed April 25, 1904. 

Sec. 3940. Repealed April 25, 1904. 

Sec. 3941. Repealed April 25, 1904. 

Sec. 3941a. Repealed 89 v. 96. 

Sec. 3942. Repealed April 25, 1904. 

Sec. 3943. Repealed April 25, 1904. 

Sec. 3944. Repealed April 25, 1904. 

Sec. 3945. Repealed April 25, 1904. 

Sec. 3946. Repealed April 25, 1904. 

Sec. 3946rt. Repealed 94 v. 64. 

Sec. 3947. Repealed April 25, 1904. 

Sec. 3948. Repealed April 25, 1904. 

Sec. 3949. Repealed 90 v. 76. 

Sec. 3950. Repealed April 25, 1904. 

Petition to Abandon, etc. Procedure to Abandon, etc. 

Procedure to Abandon, etc. — The board may, on its mo- 
tion, when a majority vote of its full membership so declare. 



57 SPECIAL SCHOOL DISTRICTS — ABANDONMENT. § 50 

and must, when a petition signed by one-third of the electors 
residing' within the district is filed with them, submit the ques- 
tion of continuance of said special school district to a vote of 
the electors of said district ; and they shall fix a time when the 
election is to be held, and certify this fact to the county election 
board. Women are not entitled to vote on this proposition. 



Petition to Abandon, Etc. 

To the Board of Education of the Special School District of 

Township, County, Ohio. 

The undersigned, comprising not less than one-third of the electors 

residing within the territory of said special school district , of 

township, county, Ohio, respectfully petition your hon- 
orable body to submit the question of abandonment of said special 
school district to the qualified electors of said district, and that you 
fix the time for holding said election, as provided in §50 (§3935 of 
the R. S.). 



GUIDE FOR pmO SCHOOL OFFICERS. 



58 



CHAPTER 6. 
SCHOOL FUNDS. 



Section. 




Section. 


§51 


(3951) 


"The state common 
school fund" and 
"Ohio state uni- 
versity fund." 


§63 


(3960) 
(3961) 


§52 


(3951a) 


Ohio and Miami 
university fund; 




(3961a) 
(3962) 






admission of pu- 


§64 


(3963) 






pils. 






§520 




Repealed. 








(22&-2-3) 


Transfer of public 
funds. 


§65 


(3964) 


§53 


(3952) 


Interest upon pro- 










ceeds of salt and 


§ 66 


(3965) 






swamp lands. 






§54 


(3952-1) 


Proceeds of sale of 










swamp lands to 


§67 


(3966) 






go to common 










school funds; 










how funded, and 










interest distrib- 










uted. 






§55 


(3953) 


The "common 










school fund." 


§68' 


'(3967) 


§ 56 


(3954) 


Accounts of com- 
mon school fund; 










how kept, etc. 


§69 


(3968) 


§57 


(3955) 


Bequests, etc., in 
trust for common 
school fund. 






§58 


(3956) 


Apportionment of 
school funds by 
auditor of state. 


§ 70 


(3969) 


§59 


(3957) 


To what county 
common school 
fund paid when 
county line di- 










vides original 


§71 


(3970) 






surveyed town- 










ship. 






§60 


(3958) 


Boards of educa- 
tion to make lo- 










cal tax levy. 


§72 


(3970-1) 


§61 


(395Sa) 


Levy of taxes for 
special school 










districts. 


§73 


(3970-2) 




(3958-1) 


Repealed. 








(3958-2) 


Repealed. 


§74 


(3970-3) 


§62 


(3959) 


Maximum tax levy 
for school pur- 










poses; when 


§75 


(3970-4) 






greater tax may 










be levied. 







Rate of levy to be 
certified to coun- 
ty auditor. 

Repealed. 

Repealed. 

Repealed. 

Tax levy and funds 
of district in two 
or more counties. 

Apportionment of 
school fund by 
county auditor. 

Distribut ion of 
money after ap- 
portionment. 

Apportionment of 
school fund by 
county auditor 
when county line 
divides original 
surveyed t o w n- 
ship. 

Certificate of ap- 
portionment by 
county auditor. 

Depositories for 
school funds, 
boards of educa- 
tion may provide. 

When a board of 
education fails to 
provide proper 
school facilities 
the county com- 
missioners shall 
act. 

County auditor to 
collect fines, etc., 
and inspect sec- 
tion sixteen ac- 
counts. 

Sinking fund, board 
of commissioners 
of. 

How sinking fund 
invested. 

Reiunding, renew- 
ing or extending 
bonded debt. 

Reports of sinking 
fund; how orders 
are drawn. 



59 SCHOOL FUNDS. § 51 

§51. [The state common school fund; tax levy for.] 

(§3951.) For the purpose of affording the advantages of a 
free education to all the youth of the state, there shall be 
levied annually a tax of one mill on the grand list of the tax- 
able property of the state, which shall be collected in the same 
manner as other state taxes, and the proceeds of which shall 
constitute ''the state common school fund," and for the pay- 
ment of interest on the irreducible or trust fund debt for 
school purposes, ten one-hundredths of one mill, said fund 
to be styled "the sinking fund." The rate for such levy shall 
he designated by the general assembly at least once in two 
years; and if the general assembly shall fail to designate the 
rate for any year, the same shall be one mill for the state 
common school fund and ten one-hundredths of one mill for 
the sinking fund. (98 v. 256.) 



CONSTITUTIONAL PROVISIONS. 

ARTICLE VI. 

[Funds for educational and religious purposes.] Sec. 1. 
"The principal of all funds, arising from the sale or other dis- 
position of lands, or other property, granted or intrusted to 
this state for educational and religious purposes, shall forever 
be preserved inviolate, and undiminished ; and, the income aris- 
ing therefrom shall be faithfully applied to the specific objects 
of the original grant, or appropriations." 

[School funds.] See. 2. "The general assembly shall make 
such provisions, by taxation or otherwise, as, with the income 
arising from the school trust fund, will secure a thorough and 
efficient system of common schools throughout the state ; but 
no religious or other sect, or sects, shall ever have any ex- 
clusive right to, or control of, any part of the school funds 
of this state." 

Religious instruction, or the reading of the Bible in the pub- 
lic schools, is not required by the constitution. The board of 
education have the sole management of the schools, and the 
courts can not direct what instruction shall be given or what 
books read. (The Board of Education of Cincinnati v. Minor 
et al., 23 0. S., 211.) 

A requirement of a board of education that the Bible be 
read in the schools as an opening exercise can not be interfered 
with by the courts, and is not in violation of any constitu- 
tional rights. (John B. Nessle et al. v. R. W. Huiji et al., 1 
N. P., 140.) 



§ 52 GUIDE FOR OHIO SCHOOL OFFICERS. ' 60 

It is an unlawful diversion of the school funds of the state 
of Ohio for a board of education to authorize the teaching of 
religion as a regular branch of study. (Attorney-General.) 

See § 92, reading Bible in schools. 
See § 81, as to taxation. 

§ 52. [Repeals.] Sec. 10. That sections 3951a and 3951& of 
the Revised Statutes of Ohio and sections 3, 4, 5 and 6 of an 
act entitled, ''An act to establish normal schools at Ohio Uni- 
versity at Athens, and at Miami University at Oxford, and 
to provide for the appointment of a commission to investigate 
and report upon the need and advisability of the future es- 
tablishment by the state of one or more additional normal 
schools, and to consider in what manner and to what extent 
existing educational institutions other than those now sup- 
ported by the state can be made more active in the better 
training of persons for service in the public schools," passed 
March 12, 1902, be and the same are hereby repealed. (98 v. 
312.) 

[Transfer of public funds.] Sec. 225-2. That the county 
commissioners of any county, infirmary directors of any 
county or municipality, the township trustees of any town- 
ship, the board of education of any school district, the 
council or other board or body having the legislative power of 
any municipality and the trustees of any hamlet, shall have 
power to transfer the public funds under their respective su- 
pervision, from one fund to another, in the manner herein- 
after provided, which shall be an additional procedure to all 
other now provided by law. (95 v. 371.) 

[Petition to be filed in common pleas court.] Sec. 226-3. 
"Whenever a majority of officers or of the members of any 
board aforesaid named desire to transfer any fund to any 
other fund, or to a new fund to be created, under their 
respective supervision, and a resolution of such officers or 
board shall have been duly passed declaring the necessity 
therefor, such officers or board shall file a petition in the court 
of common pleas of the county in which such funds are held, 
in which shall be set forth the name and amount of the fund 
or funds to which it is desired to be transferred, a copy of 
said resolution and a full statement of the proceedings per- 



61 SCHOOL FUNDS — TRANSFER OF. § 52 

taining to its passage, and the reason or necessity for such 
transfer, upon such petition being filed, 

[Notice of filing, etc.] The petitioner shall cause notice of 
the filing of said petition, the objects and prayer thereof, and 
of the time when said petition will be for hearing, to be given 
by one publication in two newspapers, of opposite politics, 
having a general circulation in the territory to be effected by 
such transfer of funds, preference to be given to such news- 
papers as are published within such territory, but if there 
shall be no such newspapers published or having a general 
circulation within such territory, then such notice shall be 
given by posting the same in t^ of the most conspicuous 
places within such territory for such period of four weeks : 

[Hearing and decree of court.] Said petition may be heard 
at the time stated in said notice, or as soon thereafter as it 
shall be convenient for the court to hear the same, but said 
cause shall be heard, upon request of the petitioners, in pref- 
erence to all other cases on the docket. Any person or persons 
objecting to the prayer of such petition, shall file their objec- 
tions in said cause on or before such time fixed in said notice 
for hearing, and they shall be entitled to be heard. If, upon 
the hearing, the court shall find that the notice has been given, 
as herein required, that the petition states sufficient facts, and 
that there are good reasons, or that a necessity exists for such 
transfer, and no injury will result by granting the prayer of 
such petition, it shall grant the prayer of the petition and 
order the petitioners to make such transfer, and a copy of the 
findings, orders and judgments of the court shall be certified 
by the clerk and spread upon the records of the officers or 
board who are petitioners, and upon the same being done such 
petitioners may make the transfer of funds as directed therein. 

[Costs.] And such petitioners shall pay all of the costs of 
such proceedings, except when objections are filed, the court 
may order such persons objecting to pay all or such portion 
thereof as may be just and equitable. 

[Appeal.] Said petitioners or any person or any number of 
persons filing objections to such petition, may appeal said 
cause to the circuit court of said county, and the proceedings 
for such appeal shall be the same as provided for appeals from 
the common pleas to the circuit court in other cases, and when 



§ 52 GUIDE FOR OHIO SCHOOL OFFICERS. 62 

said cause shall be appealed, the circuit court shall have the 
same power and make the same orders, and all proceedings 
therein shall be had, as herein provided for in the court of 
common pleas, except upon such appeal, the question of costs 
shall be within the discretion of said court; and such cause 
may be reviewed on error in the supreme court. (95 v. 371.) 



Comments. Form of Petition. 

Procedure. Notice of Filing. 

Eesolution. Form of Notice. 

Procedure in Court of Com- Hearing of Petition, 
mon Pleas. Form of Entry. 

Procedure. — The first requisite in a transfer of funds as 
provided for by law is the passage of a resolution by the 
board of education, indicating that it is expedient and neces- 
sary so to do in the opinion of the board. In order for such 
a resolution to be legally passed by the board of education a 
majority of the members of such board must be in favor there- 
of, and not a mere majority of those present or voting on such 
resolution. It would be advisable to have a called aye and 
nay vote. 

The resolution might be in the following form : 



Form of Resolution. 

Whereas, by reason of (here state cause) the fund of this 

board of education has become depleted, and it is necessary (here 
state reason) that there be added to said fund the sum of $ 

Whereas, there is now tlie sum of in the fund 

of this board of education whicli is not appropriated for other pur- 
poses, therefore. 

Be it resolved, by this board of education that the sum of $ 

be transferred from the fund to the fund, and that it is 

necessary to make such transfer for the following reasons : 

Resolved, further, that the president of this board be authorized 
and directed to file a petition in the court of common pleas of this 
county as directed by law, authorizing the transfer of said funds, 
and that he be authorized to do all things necessary thereto, procuring 
legal counsel if necessary. 

Procedure in Court op Common Pleas. — The above reso- 
lution having been passed by a majority vote of the members, 
the next thing in order is to file a petition in the court of 
common pleas to secure the consent of the court to such an 
order. The following might serve as a form of petition : 



63 PETITION FOR TKxVNSFEK OF SCHOOL FUNDS. § 5S 

Form of Petition. 

In the Matter of the Application for Transfer of Funds ly the Board 
of Education of School District. 

The undersigned respectfully represents that at a regular meeting 

of the board of education of school district on the day 

of a resolution, a certified copy of which is hereby attached 

and marked "Exhibit A," was passed by a majority vote of all the 
members of said board, said resolution declaring that it is necessary 

to transfer the sum of $ from the fund to the 

fund. 

That it is necessary to make transfer for the following reasons: 



Wherefore the petitioner asks that such proceedings may be taken 
in the premises as is authorized by law. 



State of Ohio, 

County, 

A. B., being first duly sworn, says that he is the president of the 

board of education of school district, and that the allegations 

in the above application are true as he verily believes. 



Sworn to and subscribed before me and in my presence this 

day of 

Notice of Filing. — -The petition having been filed, it i? 
necessary that a notice of such filing containing the objects and 
prayer of the petition, and the time when the same will be 
for hearing shall be given by publication in two newspapers 
of opposite politics, having a general circulation in the terri- 
tory to be affected by such transfer of funds. If there is no 
such paper a notice can be given by posting the same in ten 
of the most conspicuous places within such territory for the 
period of four weeks. 

This notice may be in the following form: 

Form of Notice. 

To Whom it May Concern: 

Notice is hereby given that on the day of there was 

filed by the board of education of school district in the court 

of common pleas of county, for the purpose of transferring the 

^um of $ from the fund to the fund, and praying 

Ihat the court might order the said board of education to make such 

transfer; that said petition will be for hearing on the day of 

, or as soon thereafter as it shall be convenient for the court 

to hear the same. 

Hearing of Petition.— If any person so chooses, they may 
file objections to the granting of such petition, and the court 
would proceed to hear it in the regular way, and if the court 
finds that the notice has been given as required, and that the 



§ § 53, 54 GUIDE FOR OHIO SCHOOL OFFICERS. 64 

petition states sufficient facts, and that there are good rea- 
sons for such transfer, and no injury will result by the grant- 
ing the prayer of the petition, the court will order the pe- 
tioning board to make such transfer. 
The following might serve as an entry: 



Form of Entry. 

In the Matte}' of the Application for Transfer of Funds hy the Board 
of Education of the School District. 

This day this matter came on to be heard upon the petition and 
testimony and was submitted to the court. 

Whereupon the court finds that notice of the filing of said petition, 
the objects and prayer thereof and the time when the same will be 
for hearing has been given as required by law; that the petition states 
sufficient facts, and that there are good reasons, and that a necessity 
exists for such transfer, and no injury will result by granting the 
prayer of said petition. 

Wherefore it is ordered that said board of education of 

school district is authorized to transfer the sum of $ from 

fund to fund. 

And it is further ordered that a copy of these findings, orders and 
judgments shall be certified by the clerk to the said board of education 
and that said board shall spread the same upon its records; that the 
costs herein, taxed at $ , be paid by said board of education. 

§ 53. [Interest upon proceeds of salt and swamp lands.] 

(§ 3952.) The state shall pay interest annually, at the rate 
of six per cent, per annum, upon all money which has been 
paid into the state treasury on account of sales of lands com- 
monly called ' ' salt lands, ' ' and upon all money heretofore paid, 
or which may hereafter be paid into the state treasury on ac- 
count of sales of swamp lands granted to the state of Ohio by 
act of congress ; the money received from such sales shall con- 
stitute an irreducible debt of the state ; and the interest shall 
be apportioned annually on the same basis as the state common 
school fund is apportioned, and distributed to the several coun- 
ties as provided in section thirty-nine hundred and' fifty-six. 
(§ 58.) (70 V. 195, § 132; 49 v. 40, § 1; S. & C, 1338.) 

The irreducible debt of Ohio now amounts to about $1,000,- 
000, and there has been added by bequests, etc., about $500,000, 
so that now there is an assured annual fund of $90,000 from 
this source to be applied to school purposes. 

§ 54. [Proceeds of sale of swamp lands to go to common 
school funds; how funded, and interest distributed.] 

(§ 3952-1.) The net proceeds that may hereafter be paid into 



65 COMMON SCHOOL FUND. §§55,56 

the state treasury, from the sales of swamp lands granted to 
the state of Ohio by act of congress passed September 28, 
1850, be and the same is hereby appropriated to the general 
fund for the support of common schools; and the state of 
Ohio is hereby pledged to pay the interest, annually, on any 
and all sums of money which may be paid into the state treas- 
ury, from the sales of said lands, from the receipt of such 
money into the treasury aforesaid; and the interest arising 
as aforesaid shall be funded, annually, until the first day of 
January, in the year eighteen hundred and fifty-five; after 
which time the interest shall be annually distributed to the 
several counties in this state, in proportion to the number of 
male inhabitants above the age of twenty-one, as the law 
shall be ascertained for the apportionment of representatives; 
and the proportion of interest due to each and every such 
county shall be distributed for the support of common schools, 
in the respective counties, in the manner prescribed in the ''act 
to provide for the support and better regulation of common 
schools." (1883, March 5; 80 v. 39; E. S. 1880; 49 v. 40; S. 
& C, 1338.) 

§55. [The "common school fund."] §3953.) The money 
which has been and may hereafter be paid into the state treas- 
ury on account of sales of lands granted by congress for the 
support of public schools in any original surveyed township, 
or other district of country, shall constitute the "common 
school fund," of which the auditor of state shall be super- 
intendent, and the income of which shall be applied exclu- 
sively to the support of common schools, in the manner des- 
ignated in this chapter. (70 v. 195 ; §§ 127, 128 ; S. & C, 1335.) 
See § 53 (§3952, R. S.). 

§56. [Accounts of common school fund; how kept, etc.] 

(§ 3954.) The common school fund shall constitute an irre- 
ducible debt of the state, on which the state shall pay interest 
annually, at the rate of six per cent, per annum, to be computed 
for the calendar year, and the first computation on any pay- 
ment of principal hereafter made to be from the time of pay- 
ment to and including the thirty-first day of December next 
succeeding; and the auditor of state shall keep an account of 



§§57,58 GUIDE FOR OHIO SCHOOL OFFICERS. 66 

the fund, and of the interest which accrues thereon, in a book 
or books to be provided for the purpose, with each original 
surveyed township and other district of country to which any 
part of the fund belongs, crediting each with its share of the 
fund, and showing the amount of interest thereon which ac- 
crues and the amount which is disbursed annually to each. 
(70 V. 195, §§ 128, 129; S. & C, 1335.) 
See § 53, as to amount of irreducible debt. 

§ 57. [Bequests, etc., in trust for common school fund.] 
(§ 3955.) When any grant or devise of land, or any donation 
or bequest of money or other personal property, is made to the 
state of Ohio, or to any person, or otherwise, in trust for the 
common school fund, the same shall become vested in said 
fund; and when the money arising therefrom is paid into the 
state treasury, proper accounts thereof shall be kept by the au- 
ditor of state, and the interest accruing therefrom shall be 
applied according to the intent of the grantor, donor, or de- 
visor. (70 V. 195; § 131; S. & C, 1336.) 

§ 58. [Apportionment of school funds by auditor of state.] 

(§ 3956.) The auditor of state shall apportion the state com- 
mon school fund to the several counties of the state semi-an- 
nually, upon the basis of the enumeration of youth therein, as 
shown by the latest abstract of enumeration transmitted to 
him by the state commissioner of common schools. 

[February settlement.] Before making his February settle- 
ment with county treasurers he shall apportion such amount 
thereof as he shall estimate to have been collected up to that 
time, and, in the settlement sheet which he transmits to the 
auditor of each county, shall certify the amount payable to the 
treasurer of his county; before making his final settlement 
with county treasurers each year, he shall apportion the re- 
mainder of the whole fund collected, as nearly as the same 
can be ascertained, and in the August settlement sheet which 
he transmits to the auditor of each county shall certify the 
amount payable to the treasurer of his county; in each Feb- 
ruary settlement sheet he shall also enter the amount of money 
payable to the county treasurer on the apportionment of in- 
terest specified in section thirty-nine hundred and fifty-two 



67 treasurer's settlement of funds, §§ 59, 60 

(§ 53] , he shall also enter in each February settlement sheet 
the amount of money payable to the county treasurer on ac- 
count of interest for the preceding year on the common school 
fund, and designate the source or sources from which the in- 
terest accrued ; he shall transmit with each February settle- 
ment sheet a certified statement, showing the amount of in- 
terest derived from the common school fund payable to each 
original surveyed township or other district of country within 
the county. 

[Treasurer's settlement.] And the treasurer of each county 
shall, at each semi-annual settlement with the auditor of state, 
retain in the county treasury, from the state taxes collected 
by him, the amount of the funds herein mentioned shown by 
the settlement sheet of the auditor of state to be payable to 
him at that time ; but if such amount for any county exceeds 
the amount of state taxes collected therein, the auditor of state 
shall draw an order on the treasurer of state, in favor of the 
treasurer of such county, for the balance of school funds due 
his county, and transmit the same to such county treasurer, 
and the treasurer of state shall pay such order upon its pre- 
sentation to him. (70 v. 195, §§ 120, 130; S. & C, 1359.) 

§ 59. [To what county common school fund paid when coun- 
ty line divides original surveyed township.] (§ 3957.) If 
parts of an original surveyed township or fractional township 
are situate in two or more counties, the amount of interest on 
common school fund due to such township shall be paid in the 
manner provided in the last section, to the treasurer of the 
county wherein the greatest relative portion of such township 
is situate ; but if it be uncertain in which county such portion 
is situate, the amount of interest due to such township shall 
be paid to the treasurer of the oldest county in which any 
part of the township is situate. (70 v. 195, § 130.) 

§ 60. [Board of education to fix rate of taxation necessary 
to be levied after state funds are exhausted.] (§ 3958.) Each 
board of education shall, annually, at a regular or special meet- 
ing held between the third Monday in April and the first Mon- 
day in June, fix the rate of taxation necessary to be levied for 
all school purposes, -after the state funds are exhausted. 



§ 61 GUIDE FOR OHIO SCHOOL OFFICERS. 68 

[Levy to be divided into four funds.] Said levy shall be di- 
vided by the board of education into four funds, namely, first, 
-tuition fund; second, building fund; third, contingent fund; 
fourth, bonds, interest and sinking fund, and a separate levy 
shall be made for each fund. (98 v. 248.) 

Sec. 8958a. Repealed April 25, 1904. 
Sec. 3958-1. Repealed April 25, 1904. 
Sec. 3958-2. Repealed April 25, 1904. 

Resolution, etc. 

Resolved, by the board of education of school district, the 

rate of taxation for all school purposes after the state funds are 
exhausted, be , said levy be divided as follows: 

Tuition fund $ 

Building fund $ 

Contingent fund $ 

Interest and sinking fund $ 

and that the same be certified to the auditor on or before the first 
Monday in June. 

Comments. — See decision in Saunders v. State of Ohio, 2 
C. .C, 75, under §3967 (§68). 

"A notice, by a clerk of a board of education, of a tax voted 
by the board, to build a school house, delivered to the auditor 
on the 11th day of June, is sufficient authority to the auditor 
for carrving the tax into his duplicate." (II Western Law 
Monthly, 589.) 

It is a general rule that statutes, so far as they limit a time 
for the performance of an act by a public officer, for the pub- 
lic benefit, are merely directory, when the time is not the es- 
sence of the thing to be clone, unless there are negative words, 
and the act is valid if done afterwards. 

Tuition from non-resident pupils is to be paid to the board 
of education, and disbursed like other contingent funds. 
Neither the teacher nor the directors have any authority to 
retain or to pay out such funds. Neither is the clerk the proper 
custodian of such funds. See clerk. 

The term "Contingent Fund" is used to designate the local 
levy, because the amount of it is contingent on the difference be- 
tween the wants of the district and the amount of state funds 
received. It includes both the amount levied for the payment 
of teachers, and that for building, repairs and other expenses. 
The language of this section and that of § 68 (§ 3967) seems 
to imply that the state funds are to be used only for the pay- 
ment of teachers. 

§ 61. [Levy of taxes for special school districts.] (3958a.) 
Provided that in all eases of special school districts, now ex- 



69 SCHOOL FUNDS — LEVY FOR SPECIAL SCHOOL DISTRICTS. § 61 

isting or that maj^ hereafter be created, h^ing wholly within 
one civil township, and in cases where the special school dis- 
trict lies in and is part of two or more civil townships of the 
same or different counties, and in all cases where there are 
two or more special school districts lying wholly or partly 
within one civil township, there may be levied a tax for school 
purposes, not exceeding six mills, on the duplicate of all the 
taxable property in such township and lying outside of all city 
and village school districts that may be therein, which levy 
shall be made when a petition in writing signed by two-thirds 
of the electors of said civil township is filed with the clerk of 
the board of education of such township by a joint board con- 
sisting of the board of education of that township and of the 
board of education of the special school district, or of the 
board of education of that township and of the boards of ed- 
ucation of the special school districts as the case may be, act- 
ing in joint session, at a meeting or meetings to be called for 
that purpose, by the president of the board of education of the 
township between the third Monday in April and the first Mon- 
day in June of each year ; or, if said boards fail to meet as afore- 
said, or fail to agree and make a levy as herein provided, then 
such levy shall be made by the county commissioners on the 
application of either board. 

[How funds divided.] The funds raised from such levy shall 
be divided between the board of education of the township and 
of the special school district, or between the board of educa- 
tion of the township and the boards of education of the special 
school districts, as the case may be, in proportion to the num- 
ber of children of that township of school age living Jn the 
township outside of the special school district or districts, as 
the case may be. In addition to this general levy made by the 
joint boards, either board may levy an additional tax not to 
exceed six mills, on the duplicate of all the taxable property 
within its own territory ; the funds arising from this additional 
levy to be used only for the schools within the territory where 
such additional levy is made ; and provided further that in 
event the levy so made by said boards is inequitable to either, 
or insufficient to provide funds for and maintain the schools in 
either the township or special school districts, then either 
board may appeal to the county commissioners of the county 



§ 62 GUIDE FOR OHIO SCHOOL OFFICERS. 70 

in which the township is situated to adjust and make said levy ; 
and said commissioners may then make such levy, not exceed- 
ing six mills, for the purposes named in this section, as they 
may deem just and equitable and sufficient to provide for and 
maintain the schools in said township and school districts ; and 
provided further, that in the event either of said boards of edu- 
cation meet to fix a levy for school purposes, as provided in 
section 3958 (§ 60), before the levy is fixed by the joint 
board as herein provided, and the levy so made by said board 
of education, acting independently, is more than six mills on 
the dollar of valuation of taxable property in its school dis- 
trict, then the excess of the levy so made over and above the 
six mills shall be subject to division in proportion and manner 
as provided in this section, between the township and special 
districts. (98 v. 248.) 

§62. [Maximum levy.] (§3959.) The local tax levy for 
all school purposes shall not exceed twelve mills on the dollar 
of valuation of taxable property in any school district, and in 
city school districts shall not be less than six mills, but said 
levy shall not include any special levy for a specified purpose, 
provided for by a vote of the people. 

[Greater tax may be levied if authorized by vote of people.] 
A greater or less tax than is authorized herein may be levied 
for any or all school purposes, and any board of education is 
authorized to make an additional annual levy of not more than 
five mills for anj^ number of consecutive years not exceeding 
five, if the proposition to make such levy or levies shall have 
been submitted, by the board of education, to a vote of the 
electors of the school district, under a resolution prescribing 
the time, place and nature of the proposition to be submitted, 
an'cl approved by a majority of those voting on the proposition. 

[Notice of election.] Notice of such election must be given 
by publication of the resolution for three consecutive weeks 
prior thereto in some newspaper published and of general cir- 
culation in the district, or hy posting copies thereof in five of 
the most conspicuous places in the district for a like period, 
if no such paper is published therein. (98 v. 127.) 

Vote on Higher Rate, etc. — It is not likely to be very 
often that a higher rate is needed than the law provides, but 



71 SCHOOL FUNDS — AMOUNT OF LEVY. § 63 

if it is needed the matter is to be submitted to a vote of the 
people of the district. The board shall first pass a resolution to 
submit the matter. This resolution must fix the time, place and 
nature of the proposition to be submitted. In order for it to 
pass it must be approved by a majority of those voting on the 
proposition. Unless the statute so provides, no election other 
than for public officers is held under the general election law. 
The election, then, in this case, would be held at the place in- 
dicated under direction of the school board. The law must be 
strictly complied with. Probably the method followed in elec- 
tion of a school director could be pursued, and forms there 
given could be used. See § 36 (§ 3921a). 

See also forms for issue of bonds, §100 (§3992). 

After the vote is taken and the result allows the highest 
rate to be made, a certificate of the rate then fixed should be 
filed with the auditor. 

§ 63. [Amount of levy to be certified to county auditor.] 

(§ 3960.) The amount of the levy fixed by the boards of edu- 
cation under sections thirty-nine hundred and fifty-eight 
(§ 3958) (§ 60), thirty-nine hundred and fifty-eight a (§ 3958a) 
(§ 61), and thirty-nine hundred and fifty-nine (§ 3959) (§ 62), 
shall be certified to the county auditor in writing, on or before 
the first Monday in June of each year by the boards of educa- 
tion, and on or before the first Monday in August of each year 
by the county commissioners when the levy is made by them, 
who shall assess the entire amount upon all the taxable prop- 
erty of the district, and enter upon the tax duplicate of the 
county, and the county treasurer shall collect the same at the 
time and in the same manner as state and county taxes are 
collected, and pay it to the treasurer of the district upon the 
warrant of the county auditor ; and unless the county treasurer 
is paid a fixed salary he shall receive one per centum on all 
money so collected, and no more. (98 v. 249, 97 v. 349.) 

Sec. 3961. Repealed April 25, 1904. 
Sec. 3961a. Repealed April 25, 1904. 
Sec. 3962. Repealed April 25, 1904. 

Certificate of Annual School Levy. 

Form Prescribed by Bureau of Inspection and Supervision of 
Public Officers. 

To the Auditor of County: 

It is hereby certified by the board of education of school 

district, county, that the entire amount necessary to be levied 



§ 64 GUIDE FOR OHIO SCHOOL OFPICEBS. 72 

upon the property of said school district for school purposes, during 
the next school year, as directed by section 3958 R. S., is as follows: 

For tuition fund mills. $ 

For building fund mills. $ 

For contingent fund mills. $ 

For bonds, interest and sinking fund ..... .mills. $ 

For mills. $ 

By order of the Board of Education. 

, Clerk, 

, Ohio, , 19.. 

Boards of education required to certify levy for building and 
other purposes, to the countv auditor, in addition to the lew 
provided in §§ 62 (3959), 63 "(3960) ; see § 100_ (§ 3992). 

Where a board of education certifies an estimate of a school 
tax to the county auditor, who places the same on the tax list 
in a reduced form, a citizen and taxpayer of the school district 
who, five months thereafter, seeks by mandamus on his own 
relation, to compel the auditor to place the original estimate 
on the tax list, must satisfy the court that the board of educa- 
tion did not consent to the reduction. (The State v. Cappel- 
ler 39 0. S., 455.) 

See decision in 2 C. C, 475, under § 68 (§ 3967). 
As to apportionment of funds and distribution of moneys to proper 
funds, see §68 (§3967, R. S.). 

County commissioners to act as board of education in case 
the latter neglects to perform its duty, see § 70 (§ 3969). 
See note in regard to filing certificate under § 60 (§ 3958). 

§ 64. [Tax levy and funds of district in two or more coun- 
ties.] (§ 3963.) When a school district is composed of terri- 
try in two or more counties the rate of taxation shall be ascer- 
tained by the board of education of such district and shall be 
certified to the auditors of the several counties and such 
county auditors shall place the same on the tax duplicate and 
the same shall be collected as provided in section thirty-nine 
hundred and sixty (§ 63) of the Revised Statutes of Ohio. 
The funds belonging to a district composed of territory in 
more than one county shall be paid by the treasurers of the 
other counties to the treasurer of the county having the great- 
est tax valuation in said district ; the auditor of the other coun- 
ties shall make settlement on account of such funds with the 
auditor of the county having said greatest tax valuation; and 
the treasurer of the district shall make the settlement required 
by section thirty-nine hundred and sixty-six (§ 67) of the Re- 
vised Statutes of Ohio, with such auditor. (97 v. 350.) 



73 APPORTIONMENT OF SCHOOL FUNDS. §§ 65, 66 

§ 65. [Apportionment of school fund by county auditor.] 

(§ 3964.) Each county auditor shall, immediately after each 
annual settlement with the county treasurer, apportion the 
school funds for his county ; the state common school fund 
shall be apportioned in proportion to the enumeration of youth 
in each of the several school districts within the county, but 
if an enumeration of the youth of any district has not been 
taken and returned for any year, such district shall not be 
entitled to receive any portion of said fund; the local school 
tax collected from the several districts shall be paid to the 
districts from which it was collected; money received from the 
state on account of interest on the common school fund shall 
be apportioned to the school districts and parts of schooJ. dis- 
tricts within the territory designated by the auditor of state 
as entitled thereto, in proportion to the enumeration of youth 
therein, and all other money in the county treasury for the 
support of the common schools, and not otherwise appropriated 
by law, shall be apportioned annually in the same manner as the 
state common school fund. (97 v. 350.) 

The auditor's duty to apportion the state common school 
fund among the districts, according to the number of youth, is 
not excused by his inability to apportion other funds. His 
failure to apportion such funds does not authorize the town- 
ship school board to treat it as a contingent fund and appor- 
tion it at discretion. Hence, the indebtedness of the township 
board for building school houses in an amount exceeding all 
the funds is no defense to a salary order of a teacher in a sub- 
district, entitled to one-fourth of the state common school 
fund, its contingent fund being exhausted. (State v. Zeeb, 9 
C. C, 13.) 

§ 66. [Distribution of money after apportionment.] (§ 3965.) 
The auditor shall immediately after such apportionment is 
made, enter the same in a book to be kept for that purpose, 
and furnish a certified copy of the apportionment to each school 
treasurer and clerk of his county ; and he shall give to each of 
such treasurers an order on the county treasurer for the amount 
of money payable to him, and take his receipt therefor. (70 
V. 195, § 120.) 

Boards of education can leave school moneys in county 
treasury and draw the same from time to time in amounts of 
not less than one hundred dollars ; see § 1122, R. S. 



§§67,68 GUIDE FOR OHIO SCHOOL OFFICERS. 74 

County auditors shall in no case permit treasurer to have 
in his hands school funds amounting to more than one-half the 
amount of his bond; see § 4048 (§268). 

§ 67. [Apportionment of common school fund by county- 
auditor when county line divides original surveyed township.] 

(§ 3966.) When an original surveyed township or fractional 
township is situate in two or more counties, and the land 
granted thereto by congress for the support of public schools 
has been sold, the auditor of the county, to whose treasurer the 
interest on the proceeds of such sale is paid, shall apportion 
such interest to the counties in which such township is situate, 
in proporton to the youth of the township enumerated in each ; 
such auditor shall certify to the auditor of each of the other 
counties the amount so ascertained to belong to the part of 
the township situate in his county, and transmit to the treas- 
urer of each of such counties an order on the treasvirer of his 
own county for such amount; and the auditor of each county 
shall apportion the amount of such interest belonging to the 
part of the township in his cou^nty, to the district or parts of 
districts entitled thereto, in proportion to the enuemration of 
youth therein, and certify and pay the same to the proper 
school officers, as provided in the preceding section. (70 v. 
195, §§121, 122; 72 v. 63, §36.) 

§ 68. [Certificate of apportionment by county auditor.] 

(§ 3967.) The certificate of apportionment furnished by the 
county auditor to the treasurer and clerk of each school dis- 
trict shall exhibit the amount of money received by each district 
from the state, the amount received from any special tax levy 
made for a particular purpose as well as the amount received 
from local taxation of a general nature; the amount received 
from the state common school fund and the common school 
fund shall be designated the ''tuition fund" and shall be 
appropriated only for the payment of superintendents and 
teachers ; the funds received from special levies shall be desig- 
nated in accordance with the purpose for which the special 
levy was made and shall be paid out only for such purpose, 
but when a balance remains on [in] such fund after all ex- 
penses incident to the purpose for which it was raised shall have 
been paid, such balance shall become a part of the contingent 



75 DEPOSITORIES FOR SCHOOL FUNDS. § 69 

Apportionment of Funds. — The amount of funds apportioned 
to any sub-district for school purposs in any one year can not 
be increased or diminished by reason of any deficit or surplus 
in the funds previously apportioned to that sub-district or to 
any other sub-district. (Saunders, Treas., v. State of Ohio, 2 
C. C, 475.) 

As to what constitutes the contingent fund, see §60 (§3958). 

Inasmuch as the larger sub-districts receive more of the 
state funds than the smaller sub-districts, the latter ought to 
receive proportionately more of the township tuition fund than 
the former. If, however, the larger sub-districts contain two 
or more schools, or actually require more tuition money than 
the smaller to sustain their schools an equal length of time, 
they are entitled to more. 

In the larger sub-districts township boards of education may, 
in some instances, be obliged to pay higher wages than the 
smaller. The intention of the law is to require boards of educa- 
tion to provide the necessary funds, all the circumstances being 
duly considered, for continuing the schools of the several sub- 
districts an equal length of time. 

The adding together of the state and contingent funds, and 
then dividing the sum equally among the several sub-districts, 
as is so frequently done by township boards, is not a compliance 
with either the letter or the spirit of the law. An equal di- 
vision, except in rare instances, can not be an equitable di- 
vision. 

§ 69. [Depositories for school funds, boards of education 
may provide.] (§ 3968.) The board of education of any 
school district shall have authority to provide by resolution 
for the deposit of any or all moneys coming into the hands 
of the treasurer of the board. 

[Amount that may be deposited in any one bank.] Pro- 
vided, however, that no bank shall receive a larger deposit 
than the amount of its paid-in capital stock, and in no event 
to exceed three hundred thousand dollars ($300,000.00). In 
school districts containing two or more banks such deposit 
shall be made in the bank or banks, situated in that district, 
that shall offer at competitive bidding the highest rate of 
interest which in no case shall be less than two per cent, for 
the full time the funds or any part thereof are on deposit, 
and such bank or banks shall give a good and sufficient bond 
of some approved guarant}^ company in a sum at least equal 
to the amount deposited, and it shall be the duty of the treas- 



§ 69 GUIDE FOR OHIO SCHOOL OFFICERS. 76 

urer of the school district to see that a greater sum than that 
contained in the bond is not deposited in such bank or banks, 
and said treasurer and his bondsmen shall be liable for any 
loss occasioned by deposits in excess of such bond; the board 
shall determine in such resolution the method by which such 
bids shall be received, the authority which shall receive them, 
the time for which such deposits shall be made and all details 
for carrying- into effect the authority herein given, but all 
such pro3eedings in connection with such competitive bidding 
and deposit of such moneys shall be conducted in such a 
manner as to insure full publicity and shall be open at all 
times to public inspection; if in the opinion of a board of 
education there has been any collusion between the bidders, 
said board may reject any or all bids and may provide for 
the deposit of funds in a bank or banks without the district 
as hereinafter provided for in districts not having two or more 
banks located therein. 

[School districts containing- but one bank.] In all school 
districts containing less than two banks the board of educa- 
tion may, after the adoption of a resolution providing for the 
deposit of its funds, enter into a contract with one or more 
banks that are conveniently located and offer the highest rate 
of interest, which shall in no case be less than two per cent, 
for the full time the funds or any part thereof are on deposit, 
and said bank or banks shall give good and sufficient bond of 
some approved guaranty company in a sum at least equal to 
the amount deposited, and it shall be the duty of the treas- 
urer of the school district to see that a greater sum than that 
contained in the bond is not deposited in such bank or banks, 
and said treasurer and his bondsmen shall be liable for any 
loss occasioned by deposits in excess of such bond ; said resolu- 
tion and contract shall set forth fully all details necessary to 
carry into effect the authority herein given and all proceed- 
ings connected with the adoption of said resolution and the 
making of said contract shall be conducted in such a man- 
ner as to insure full publicity and shall be open at all times 
to public inspection. "When a depository is provided as au- 
thorized herein and the funds are deposited therein, the treas- 
urer of the school district and his bondsmen shall be relieved 
of any liability occasioned by the failure of the bank or banks 



77 MAKING DEPOSITS OF SCHOOL FUNDS. § 69 

of deposit or by the failure of the guaranty company acting 
as surety for such bank or banks or by the failure of either 
of them, except as herein provided in cases of excessive de- 
posits. (97 V. 351.) 

• 

Making Deposits, etc. Form of Resolution. 

When there are Two Banks. Note. 

Where there are not Two Form of Resolution. 

Banks in the School Dis- Note. 

trict. Form of Resolution. 
Duty of Treasurer. 

Making Deposits, etc. — The above section makes it discre- 
tionary with the board of education whether or not funds 
shall l3e deposited in certain banks. However, if the board 
of education once decides to make the deposits, then it be- 
comes mandatory on them to follow the provisions of the 
statute. It will be observed that there are two limitations 
placed upon the amount that may be put in any one bank. 
First, it must not exceed the amount of its paid-in capital 
stock, and the words "capital stock" here do not necessarily 
mean that the bank must be incorporated, but that it must 
have so much paid-up capital, and the amount to be deposited 
must not exceed that sum. and the second limitation is that 
it shall not exceed $300,000. 

When There are Tw^o Banks. — Where there are two banks, 
located in the school district, the law favors them in this, 
that if there is no collusion between these two banks, the 
money must be deposited in that one which is the highest 
bidder. If, however, there should be any collusion, then the 
same course is taken as if there w^ere no two banks within 
the school district. The statute limits or gives a minimum 
rate for which a bid may be accepted, to wit, two per cent. 
Further, the board shall determine by its resolution the 
method by which bids should be received and all the details 
of carrying out the proceedings connected therewith. 

Where There are Not Two Banks in the School District. 
— If there are less than two banks in a school district, or if 
there has been collusion between the two banks located in the 
district, then the board is authorized to enter into a con- 
tract with one or more banks that are conveniently located 
and which offer the highest rate of interest. In the above 
case a bond must be given and approved by a guaranty com- 
pany in a sum at least equal to the amount deposited. 

Duty of Treasurer. — It is the duty of the treasurer to see 
that at no time is the amount on deposit in any bank in ex- 



§ 69 GUIDE FOR OHIO SCHOOL OFFICERS. 78 

cess of the bond of such bank, and if the treasurer so exer- 
cises his duty, he and his bondsmen will not be liable for a 
failure of the bank. The following might serve as a form of 
resolution. It seems that unless some member of the board 
demands the ayes and nays that there need not be that kind 
of a vote upon such a resolution, and that a majority of a 
quorum would be sufficient to carry the proposition. 



Form of Resolution. 

It is hereby resolved by the board of education of school 

district, township, county, Ohio, that the school funds 

in the control of the treasurer be deposited in certain banks, as pro- 
vided by § 3968 of the Revised Statutes. 

Resolved, further, that there being two banks situated within this 
district, that the said deposit shall be made in that bank that shall 
offer the highest rate of interest, which said rate shall in no case be 
less than two per cent, of the full amount that at any time may be 
on deposit; and it is further ordered that no deposit shall be made in 
any bank until a good and sufficient bond, to be hereafter approved 
by this board of education, be given in a sum at least equal to the 
deposit that may be made in such bank, and it is further ordered that 
the clerk of this board shall give notice to the banks situated in this 

school district that on the day of , at the office of this 

board the privilege of such deposit will be sold to the bank bidding 
the highest rate of interest therefor. That the bank bidding therefor 
may bid openly at such time, or may send sealed bids to the clerk 
of this board, which bids will be opened at that time, and if there 
is no collusion between any of the bidders, the board will accept the 
bank making the highest bid. Otherwise, the board reserves the right 
to reject any and all of such bids. 

Note. — This form of resolution can be very easily changed 
to the case where there are not two banks within the school 
district. 

After the bids have been opened and there being no collu- 
sion in the case of two banks, situated in the school district, 
the board should, by resolution spread on its minutes, accept 
the bid of the person or bank making the highest bid, and 
the board in such cases would have no right to make an or- 
der giving a part of the money to one bank and giving the 
remainder to another bank which had bid a lower sum. 
(State ex rel. v. Madison Township, 15 Dec. 721.) And the 
final resolution might be in the following form : 



Form of Resolution. 

Resolved, by the board of education of school district, 

county, that the bid of bank, for the privilege of receiving the 

deposits of this school board, the same having been per cent., 

and not less than two per cent, for the full time the funds are on 
deposit, be and the same is hereby accepted, and it is further ordered 
that said bank shall give a good and sufficient bond in some approved 



79 WHEN COUNTY COMMISSIONERS SH.iLL ACT. § 70 

guaranty company in the sum (the same being not less than 

the amount on deposit. 

Note. — If the bank should present its bond at the same time, 
the resolution might proceed as follows: 

Form of Resolution. 

Resolved, further, that as the said bank has herein filed its 

•bond in the sum of $ , with the surety company, as surety 

thereon, the said bond is approved and the same is accepted, and it is 
ordered that the treasurer of this board of education place the deposits 
belonging to this board in said bank in a sum at no time exceeding 
the amount of said bond. 

§ 70. [When a board of education fails to provide proper 
school facilities the county commissioners shall act.] (§ 3969.) 
If the board of education in any district fail in any year to 
estimate and certify the levy for a contingent fund as required 
by this chapter, or if the amount so certified is deemed insuf- 
ficient for school purposes, or if it fail to provide sufficient 
school privileges for all the youth of school age in the district 
or to provide for the continuance of any school in the district 
for at least seven months in the year, or to provide for each 
school an equitable share of school advantages as required 
by this title, or to provide suitable school houses for all the 
schools under its control, or to elect a superintendent or 
teachers, the commissioners of the county to which such dis- 
trict belongs, upon being advised and satisfied thereof, shall 
do and perform any or all of said duties and acts, in as full 
a manner as the board of education is by this title authorized 
to do and perform the same ; and the members of a board 
who cause such failure shall be each severally liable, in a 
penalty not to exceed fifty nor less than twenty-five dollars, 
to be recovered in a civil action in the name of the state upon 
complaint of any elector of the district, which sum shall be col- 
lected by the prosecuting attorney of the county, and when 
collected shall be paid into the treasury of the county, for the 
benefit of the school or schools of the district. (97 v. 334.) 

When Commissioners to Act. — The object of the above sec- 
tion is to insure the running of the schools, and there is no 
doubt but that the mere fact that the commissioniers may act 
in certain cases, school boards do not give them an opportunity 
so to do. Generally the members of the board would much 
rather attend to the specified acts than allow some one else 



§ 70 GUIDE FOR OHIO SCHOOL OFFICERS. 80 

to do SO, and whatever their differences may be, they are 
settled among themselves and action is taken. 

Several questions have come up under this section. In solv- 
ing any doubts that have arisen, it has seemed proper to con- 
sider that the purpose of the section is to provide an absolute 
remedy against the suspension of a school, and to assure to 
each pupil in the state reasonably convenient facilities for at- 
tending school seven months each year. 

If, however, a board has levied up to the full limit allowed 
by law, and the sum produced is not sufficient to continue the 
schools of the district for seven months, there seems to be no 
remedy. But if a levy under this limit fails to sustain the 
schools for the minimum time prescribed in this section, then 
an appeal should be made to the county commissioners, whose 
duty it will be to raise the levy to the highest limit warranted 
by the law ; and they will be justified in acting as soon as they 
are satisfied that the amount levied by the board of the dis- 
trict will be insufficient to meet the demands of the law. 

If in a large city, where teachers have been paid each month, 
a board of education stands at a tie in its organization, so that 
it can not act for months together, and the prospect for 
action ^oes not brighten, the case would seem to be one in 
which the schools must stop unless the means are provided 
for continuing them. In such cases the commissioners should 
interfere. 

The law does not seem to intend that the commissioners shall 
stop a school which has come under their control, when 
seven months' school has been taught during the year. They 
should be governed by the customs of the district. In a city 
they should keep up the schools forty weeks, if that has been 
the custom. 

Nor is it the intention of this act for the commissioners to 
step in and control a matter of school government where the 
board has acted in a matter that is within its discretion. Thus, 
if the board decides to centralize the schools as permitted by 
law, it would not be within the province of the commission- 
ers to say that the board acted wrongfully, and hire teachers 
for the schools centralized, nor could the commissioners em- 
ploy a superintendent of the board of education if it had 
abolished that office. If the office of superintendent exists, 
but is not filled by reason of dissensions of the board, the 
commissioners might elect one, and he would serve for the 
time elected, and such person would be entitled to pay from 
the treasurv of the board of education. (State v. Bd. of Ed., 
3 N. P.. 236.) 

A recent and very interesting discussion of when the com- 
missioner may act will be found in an opinion by Judge Mid- 
dleton, of common pleas court of Champaign county, in Board 



81 WHEN COMMISSIONERS SHALL ACT, § 71 

of Education v. Shaul, reported in 4 N. P. N. S., 433. In this 
case the board of education of the township proceeded to cen- 
tralize some of the schools under § 3922 (§ 37). Some of the 
patrons of the district that was abolished claimed that by 
such action of the board they were deprived of the school facil- 
ities which were guaranteed to them by law, and thereupon 
brought a suit to restrain the board from carrying out its 
intention to centralize, etc. The court held that this matter 
of centralization was a matter that b}^ the statute was given to 
the exclusive discretion of the board of education; that the 
board of education in such matters acted in a judicial capacity 
and not in a ministerial capacity, and that the commission- 
ers could only act when the board of education shall volun- 
tarily willfully fail to perform any of its ministerial duties, 
the court saying: "The evidence in this case clearly shows 
that the board of education had suspended the schools in 
these two districts, and the action of the county commission- 
ers in hiring teachers in these sub-districts, in effect reversed 
the action of the school board and reinstated the same. If 
the board of education, having suspended the schools in these 
sub-districts, had failed to furnish transportation to other 
schools as provided by law; that is, had failed to perform its 
ministerial duty, imposed upon it in this respect by the stat- 
ute, then the commissioners would have had authority to pro- 
vide for such transportation, but the board of education, hav- 
ing by its order suspended these schools, and having, as the 
court thinks the testimony shows, made provision for the 
transportation of these pupils to other districts, the commis- 
sioners were not vested by the statute with authority to 
review and change, or in any manner interfere with the order 
of the board of education in this respect." 

§ 71. [County auditor to collect fines, etc., and inspect sec- 
tion sixteen acounts.] (§ 3970.) The auditor of each county 
shall collect, or cause to be collected, all fines and other money, 
for the support of common schools in his county, and pay the 
same to the county treasurer; he shall inspect all accounts of 
interest accruing on account of section sixteen or other school 
lands, whether the same is payable by the state or by the debt- 
ors; and he shall take all proper measures to secure to the 
school district in his county the full amount of school funds to 
which it is entitled. (70 v. 195, § 120.) 



§ 72 GUIDE FOR OHIO SCHOOL OFFICERS. 82 

Fines to be Paid into School Fund. 

Sees. 1050 and 1051. Penalty against county auditors for failing 
to report to state auditor. 

Sees. 1052 and 4215. Relating to dog tax. 

See. 1279. Relating to the disposition of the proceeds of the sale of 
timber growing on state or school lands, unlawfully cut down. 

Sees. 1280 and 1281. Providing for the disposition of the proceeds 
of the sale of unclaimed property, stolen, embezzled or obtained under 
false pretenses. 

Sec. 1375. Penalty against township trustees and treasurers who 
refuse to serve. 

See. 1504. Penalty against township clerk for failure to make de- 
tailed statement. 

Sec. 1524. Penalty against assessors for neglecting or refusing to 
make out and return statistics. 

Sec. 1525. Penalty against any person, company or corporation re- 
fusing to make out and deliver a statement of facts for taxation. 

Sec. 3225. Relating to the proceeds of the sale of unclaimed goods 
by express companies, common carriers, etc. 

Sec. 3479. Penalty for avoiding toll on turnpikes or plank road. 

Sec. 3969 (§ 70). Penalty against member of board of education 
who fails to perform certain duties. 

Sec. 4027. Penalty against parents and guardians for detaining 
children from school contrary to law. 

See. 4038 (§ 252). Penalty against the clerk of a local board for 
failure to take the school enumeration. 

Sec. 4045 (§ 265). Penalty against treasurers of school districts 
for failure to make annual settlement. 

Sec. 4061 (§281). Penalty against county auditors and clerks of 
boards of education for failing to make certain reports. 

Sec. 4063 (§283). Penalty against county auditors for failure to 
make enumeration return. 

Sees. 4088 (§309), and 4089 (§310). Penalty against institute com- 
mittee for failure to make required report. 

Sees. 4201 and 4204. Penalty for allowing certain animals to run 
at large. 

Sec. 4218. Penalty against fishing unlawfully. 

Sec. 4382. Penalty against owners or keepers of wharfboats. 

Sec. 4398. Relating to peddlers' license. 

Sees. 4401 and 4402. Penalties against peddlers who do not obtain 
a license. 

Sec. 4487. Penalty against auditors, engineers, commissioners and 
probate judges, who fail to perform certain duties relating to county 
ditches, sinkholes, etc. 

Sec. 6396. Penalty against assessors, physicians, midwives, clergy- 
men, sextons and probate judges, who fail to furnish statistics of births 
and deaths. 

Sec. 6986-10. Unlawful employment of minors. 

§72. [Sinking fund; board of commissioners of.] 

(§3970-1.) In any school district having a bonded indebted- 
ness, for the payment of which together with interest, no pro- 
vision has been made by a special tax levy for that particular 
purpose, it shall be the duty of the board of education of such 
district and such board shall annually, on or before the 31st 
day of August, set aside from its revenue a sum equal to not 



83 SINKING FUND. §§73,74 

less than one-fortieth of said indebtednesss together with a 
sum sufficient to pay the annual interest thereon. The board 
of education of every district shall provide a sinking fund for 
the extinguishment of all its bonded indebtedness, which sink- 
ing fund shall be managed and controlled by a board of com- 
missioners designated as the ''Board of Commissioners of the 

Sinking Fund of " (inserting the name of the district), 

which shall be composed of five electors thereof, and who shall 
be appointed by the court of common pleas of the county 
in which such district is chiefly located, provided, that in city 
or village districts the board of commissioners of the sinking 
fund of the city or village may be the board of commissioners 
of the sinking fund of the school district; the commissioners 
of the sinking fund shall serve without compensation and 
shall give such bond as the board of education may require 
and approve, provided that any surety company authorized 
to sign such bonds may be accepted by such board of edu- 
cation as surety, and the cost thereof, together with all neces- 
sary expenses of the commissioners of the sinking fund shall 
be paid by said commissioners out of the funds under their 
control. (97 V. 352; 90 L. L., 97.) 

Sinking Fund Board. — This board should organize, electing 
one of their number president, and also select a secretary. It . 
might be well to select the clerk of the school board for this 
position. A record should be kept of all their proceedings. 
The law should be strictly followed. 

§73. [Investment of sinking fund.] (§3970-2.) The 
board of commissioners of the sinking fund shall invest the 
sinking fund in bonds of the United States, of the state of Ohio, 
of any municipal corporation, county, township or school dis- 
trict of any state or in bonds of its own issue. All interest 
received from such investments shall be deposited as other 
funds of said sinking fund, and reinvested in a like manner. 
For the extinguishment of any bonded indebtedness included 
in said sinking fund, the board of commissioners of the sink- 
ing fund is authorized to sell or use any of the securities or 
money of said fund. (98 v. 45.) 

§ 74. [Refunding, renewing or extending bonded debt.] 

(§ 3970-3.) The board of commissioners of the sinking fund 



§ 75 GUIDE FOR OHIO SCHOOL OFFICERS. . 84 

may refund, extend or renew the bonded debt of the school 
district or any part thereof, existing at the time of the taking 
effect of this act, by issuing the bonds of said school district 
for such periods, not exceeding twenty years, in such denom- 
ination, payable at such place and at a rate of interest not to 
exceed the rate previous to such refunding, extension or re- 
newal; provided that the aggregate amount of the refunding, 
extending or renewing bonds so issued shall not exceed that 
of the bonds so refunded, extended or renewed. (97 v. 353.) 

§ 75. [Report of sinking fund commissioners.] (§ 3970-4.) 
The board of commissioners of the sinking fund shall make 
an annual report to the board of education giving a detailed 
statement of the sinking fund for each year ending with Au- 
gust 31st. Such report shall be filed with the board of educa- 
tion on or before September 30th of each year and other re- 
ports may be required by the board of education when the 
same shall be deemed necessary. 

[Appropriation of taxes collected for payment of bonds and 
interest.] The board of education shall appropriate to the use 
of said sinking fund any taxes levied for the payment of in- 
terest on the bonded indebtedness of said board ot education 
together with the sum provided for in section 1 of this act; and 
all such sums so appropriated shall be applied to no other pur- 
pose than the payment of said bonds and interest thereon 
and all necessary expenses of said commission. 

[Bonds issued by board of education shall first be offered to 
sinking fund commissioners.] Whenever the board of edu- 
cation shall issue bonds for whatever purpose, the said issue 
shall first be offered for purchase to said board of commission- 
ers of the sinking fund, who may purchase any or all of said 
of said issue of bonds at par ; the board of commissioners shall, 
within five days of the time M^hen notice is given, notify the 
board of education of its action upon said proposed purchase ; 
after which time the board of education shall proceed to issue 
any portion not purchased by said commission, according to 
law. (98 V. 45.) 



85 



PROVISIONS APPLYING TO ALL BOARDS. 



76 



CHAPTER 7. 



PROVISIONS APPLYING TO ALL BOARDS. 



Section. 

§ 76 (3970-10) 



§77 (3970-11) 
§ 78 (3970-12 



§79 (3971) 



§80 (3972) 



§81 (3973) 

§ 82 (3974) 
§ 83 (3975) 



School elections; 
separate ballots 
and ballot boxes; 
returns and can- 
vass of vote. 

Notice of elections. 

Women may vote 
and be voted for, 
for school officers.' 

Corporate powers 
of board of educa- 
tion; sales of 
property exceed- 
ing three hundred 
dollars in value; 
exchange of real 
estate with mu- 
nicipal corpora- 
tion. 

Title to property 
vested in boards 
of education; res- 
olutions and or- 
ders to remain 
valid until 
changed; con- 
tracts, bonds and 
tax levies pro- 
tected. 

School property 
exempt from taxa- 
tion. 

Conveyances and 
contracts. 

Boards of educa- 
tion may accept 
bequests, gifts, or 
endowments; lim- 
itation on same. 



Sectiox. 
§ 84 (3976) 



§ 85 (3977) 



§ 86 (3978) 

§87 (3979) 

(3980) 
§ 88 (3981) 

§ 89 (3982) 



§ 90 (3983) 
§ 91 (3984) 

§ 92 (3985) 

§ 93 (3986) 

§ 94 (3986-1) 
Sec. 3 

§94a 



Frocess against 
boards, and how 
served. 

Prosecuting attor- 
ney and city so- 
licitor to act as le- 
gal a d V is e r of 
boards of educa- 
tion. 

Special meetings, 
how called. 

Oath of members 
and other officers. 

Repealed. 

Vacancies in board 
of education, how 
filled. 

Quorum; majority 
of all members re- 
quired in certain 
cases; roll call; 
pay roll. 

Absence of presi- 
dent or clerk. 

Record of proceed- 
ings and attesta- 
tion thereof. 

Boards to make 
rules; illegal meet- 
ings. 

Board may make 
and enforce rules 
for vaccination. 

Display of U. S. 
flag. 

Terms of office of 
existing officers of 
boards of educa- 
tion (1904). 

To prevent hazing. 



§ 76. [Ballots for election of members of board of educa- 
tion.] (§3970-10.) Sec. 1. That the names of all the can- 
didates for members of the board of education of any school 
district in the state of Ohio, however nominated, shall be 
placed on one independent and separate ballot, withont any 



§ 70 GUIDE FOR OHIO SCHOOL OFFICERS. 86 

designation whatever, except for member of of board of edu- 
cation, and the number of members to be elected. 

[Marking of ballot.] A cross shall be placed at the left of 
the name of each candidate for whom the elector desires to 
vote. The person having the highest number of votes shall 
be declared elected a member of the board of education, and 
the next highest, and so on until the number of members re- 
quired to be elected shall have been selected from the number 
having the highest number of votes. (98 v. 116.) 

[Arrangement of names of candidates on tickets used in elec- 
tion of members of board of education.] (Sec. 2.) The ballots 
shall be printed and prepared as follows : The whole num- 
ber of ballots to be printed for the school district shall be di- 
vided by the number of candidates for member of board of 
education of the school district, and the quotient so obtained 
shall be the number of ballots in each series of ballots to be 
printed as follows : The names of candidates shall be ar- 
ranged in alphabetical order and the first series of ballots 
printed. Then the first name shall be placed last and the next 
series printed, and so shall the process be repeated until each 
name shall have been first. These ballots shall then be com- 
bined in tablets with no two of the same order of names to- 
gether, except when there is but one candidate. (98 v. 116.) 

Election Matters. — When judges and clerks of election fail 
to sign poll-books and tally-sheets, to fill up blanks in the cap- 
tion, or to carry out the aggregate votes, such omissions and 
mistakes may be corrected upon the trial of a contest, by parol 
evidence, and when so corrected, the documents, sustained 
by the parol proof, are competent evidence of the result of 
the election. (Howard v. Shields, 16 0. S., 184.) 

The evident intent of the law requires that when the polls 
are once opened, they should be kept upen until the hour pre- 
scribed for finally closing; but the statute on the conduct of 
elections, section 2929. is said to be directory, and if so, "a de- 
parture from its strict observance will not necessarily invali- 
date an election, where no fraud has been practiced and no 
substantial right violated." (Fry v. Booth, 19 0. S., 25.) 

The officers of an election board can not, after dissolving the 
board and dispersing, return and perform any official act re- 
garding such election. "When they have dispersed, they cease 
to be officers of the election — are fimcti officio. (The State 
ex rel. Attorney-General v. Donnewin, 21 0. S., 216 ; Ingerson v. 
Berry, 14 0. S., 315.) 



87 ELECTION OF MEMBERS. § / ( 

Poll-boolcs duly certified and returned are prima facie evi- 
dence of the truth of their contents, but this presumption will 
be rebutted by proof that they are fraudulent and fictitious to 
such an extent as to render them wholly unreliable. (Phelps 
V. Schroder, 26 0. S., 549.) 

Quo warranto will lie where no provision for a contest is 
made by law — as was the case in the election of school direc- 
tors against the respondent, whom the board recognized, and 
the fact that the relator has received a certificate is not con- 
clusive. (8 Rec, 432; 4 B., 1065.) 

A person voted for under the name of E. H. Smith, whose 
name is H. E. Smith, there being no such man as E. H. Smith, 
should have the votes counted, if the judges are satisfied that 
the person H. E. Smith was intended. (II W. L. M., 589.) 

In case a candidate receiving the highest number of votes at 
an election is ineligible, the next highest candidate is not elect- 
ed. (13 Cal., 145; 38 Maine, 597; 1 Chandler, Wis., 117.) 

McCrary on Elections, section 184: "The safe rule prob- 
ably is that where an election board are found to have will- 
fully and deliberately committed a fraud, even though it affect 
a number of votes too small to change the result, it is sufficient 
to destroy all confidence in their official acts, and to put the 
party claiming anything under the election conducted by them, 
to the proof of his votes, by evidence, other than the returns." 
(See Judkins v. Hill, 50 N.' H., 140; Knox Co. v. Davis, 63 111., 
405; Russell v. State, 11 Kan., 308.) 

Receiving illegal or improper votes will not alone vitiate an 
election. It must be shown affirmatively, in order to overturn 
the declared result, that the wrongful action changed it. (Dil- 
lon on Municipal Corporations, 261.) 

§77. [Notice of elections.] (§3970-11.) The clerk of 
each board of education shall publish a notice of all school 
elections in a newspaper of general circulation m the district, 
or post written or printed notices of said elections in five pub- 
lic places in the district, at least ten days before the holding, 
of the same, which notices shall specify the time and place of 
such election and the number of members of the board of edu- 
cation to be elected and the term for which they are to be 
elected, or the nature of the question to be voted upon. (97 
V. 354.) 

Notice of Election. 

Notice is hereby given that an election for members of the board 

of education in school district, county, Ohio, will be held 

on the .. day of November, 190.., at the usual voting places in 



§ 78 GUIDE FOR OHIO SCHOOL OFFICERS. 88 

said district. At said election there will be [state number of members 
to be elected and length of term[. 



Clerk of the Board of Education. 
., Ohio, 
. ..., 190.. 



Note. — Notices must be published in a newspaper of gen- 
eral circulation in the district or posted in five public places 
in the district at least ten days before elections. All school 
elections, except those for director in township sub-districts, 
are conducted under the general election laws. 

The omission of the sheriff [clerk] to mention in his notice 
one of the vacancies to be filled is not conclusive evidence of 
the invalidity of the election. Taken in connection with other 
circumstances, it is competent evidence of fraud or conspiracy. 
(The State ex. rel. Att'y General v. Taylor; Scarff v. Foster, 
15 O. S., 137; The State ex rel. Wetmore v. Stewart, 26 0. S., 
216.) But if the sheriff [clerk] fails to give such notice for 
one of the vacancies to be filled, and in consequence of such 
neglect, only a small minority of the electors present vote for 
a person to fill such vacancv, such election is irregular and in- 
valid. (Foster v. Scarff, 15 0. S., 532.) 

McCrary on Elections, section 135, says: ''It must be con- 
ceded that time and place are of the substance of every elec- 
tion, while many provisions which appertain to the manner of 
conducting an election may be directory only. (Dickey v. 
Hulbert, 5 Cal., 343.) But it does not follow that due notice 
of time and place of holding an election is always essential 
to its validity. Whether it is so or not depends upon the 
question whether the want of due notice has resulted in de- 
priving anv portion of the electors of their rights." (13 N. 
Y., 350; 12 Mich., 508; see also Foster v. Scarff, 15 0. S., 532.) 

The general rule in computation of time within which an 
act is to be done is to exclude the first dav and include the 
last. (McArthur v. Franklin, 16 0. S., 208, 209.) 

If an emergency should occur, making it necessary to change 
the place of holding the election after the regular notice has 
been given, and if such notice is given as would leave no ex- 
cuse for not voting on account of the change, the election 
would not be invalidated by such change. (78 111., 171.) 

§ 78. [Women may vote and be voted for, for school offi- 
cers.] (§ 3970-12.) Every woman born in the United States, 
or who is a wife or daughter of a citizen of the United States, 
who is over twenty-one years of age and possesses the neces- 
sary qualifications in regard to residence, as is provided for 
men, shall be entitled to vote, and to be voted for. for m^m- 



89 CORPORATE POWERS OF BOARD. § 79 

ber of the board of education and upon no other question. The 
law relating to registration shall apply to women upon whom 
the right to vote is conferred, but the names of such women 
may be placed on a separate list. (97 v. 354.) 

The constitutional power of the legislature to provide for 
common schools is not limited by the definition of elector in 
Const. V, Sec. 1, and the right to vote for school officers may be 
conferred on women. (9 C. C, 134; affirmed, 54 0. S., 631.) 

This section limits the voting privileges of women. It does 
not entitle them vote on such questions as special tax levy, 
bond issue, erection of public buildings, etc., although the same 
be for school purposes. 

A single woman if of the required age, and a married woman 
although neither were naturalized, might vote and be voted for, 
even where their father or husband would not be entitled to 
vote. A man may be a citizen and still not be entitled to vote. 

A member of a school board is not an officer of any political 
sub-division provided for in the Constitution. State v. Adams, 
58 O. S., 616.) 

§79. [Corporate powers of board of education; sales of 
property exceeding three hundred dollars in value; exchange 
of real estate with municipal corporation.] (§3971.) The 
boards of education of all school districts now organized and 
established, and of all school districts organized under the 
provisions of this title, shall be and they are hereby declared 
to be bodies politic and corporate, and, as such, capable of 
suing and being sued, contracting and being contracted with, 
acquiring, holding, possessing, and disposing of property, both 
real and personal, and taking and holding in trust for the use 
and benefit of such districts, any grant or devise of land, and 
any donation or bequest of money or other personal property, 
and of exercising such other powers, and having such other 
privileges as are conferred by this title ; but when a board of 
education decides to dispose of any property, real or personal, 
held by it in its corporate capacity, exceeding in value three 
hundred dollars, it shall sell the same at public auction, after 
giving at least thirty days' notice thereof, by publication in 
some newspaper of general circulation, or by posting notices 
in five of the most public places in the district in which such 
property is situate. Provided, that when such board has twice 
offered a tract of real estate for sale at public auction, as here- 



§ 79 GUIDE FOR OHIO SCHOOL OFFICERS. 90 

inbefore provided, and the same is not sold, the board may sell 
said real estate at private sale, either as an entire tract or in 
parcels thereof, as the board may deem best, and the president 
and secretary of the board shall execute and deliver the deed 
or deeds necessary to complete such sale or sales. Provided, 
that upon a vote of a majority of the members of any board 
of education, and a concurring vote of the council of any mu- 
nicipal corporation, that an exchange of any real estate held 
by such board of education for school purposes, for real estate 
held by such municipal corporation for municipal purposes, 
will be mutually beneficial to such school district, and to such 
municipal corporation, such exchange may be made by con- 
veyances, to be executed by the mayor and clerk of the mu- 
nicipal corporation, and by the president and clerk of such 
board of education. (1888, March 30; 85 v. 36; R. S., 1880; 70 
v. 195, §37; S. & C, 1350.) • 

Kind of Corporation. Liability of Member for In- 

Liability of Boards for Injury juries. 

to Persons. Sale or Exchange of Real Es- 

Liability for Injury to Prop- tate. 

erty. 

Kind of Corporation. — The effect and intention of this 
statute is to make school boards corporations with limited pow- 
ers; however, they can only act in the manner provided by 
law. They can only create or incur liabilities in the perform- 
ance of powers granted to them by law. While the courts will 
be liberal in viewing the acts of these corporate bodies, yet 
it must be clear that they have acted, only within their stat- 
utory powers. For the infraction of legal rights the board 
may sue and be sued; the action should be brought in the cor- 
porate name of the board, and not in the name of the indi- 
vidual members; likewise contracts should always be made in 
the corporate name, signed by the president and secretary ; but 
no contract is binding upon the board unless authorized by 
it in the manner provided by law. 

The power to contract implies the power to settle with con- 
tractors, and to do this in the interest of the district, so as to 
avoid the expense of litigation. Where a contracting party has 
rights which he can enforce in equity, a board of education 
is, like other municipal corporations, authorized to recognize 
and provide for these as Avell as for strictlv legal rights. (See 
Brewster v. Syracuse, 19 N. Y., 116; Friend v. Gilbert, 108 
Mass., 408.) 



91 LIABILITY OF BOARD FOR INJURIES TO PERSONS. § 79 

Changing the name of a district is not a change of its cor- 
porate character, nor a change in its relations of parties deal- 
ing with it. (Bobbins v. Sch. Dist., 10 Minn., 310.) 

Boards of education have only such powers as are expressly 
provided in the statute, and persons who deal with such boards 
are presumed to know the limits within which they can law- 
fully transact business, and can secure no rights which are 
enforceable by contract unless the contract is clearly author- 
ized by law. (State ex rel. Dunn et al. v. Freed, Treas., et al., 
10 C. a, 294.) 

A teacher who was employed by, directors of a sub-district 
of township under the old law may maintain an action for 
unpaid part of his salary against township board of education, 
but not against the directors of the local district. (Board of 
Education v. O'Hara, 2 W. L. Bull., 96.) 

A board of education is not subject to quo warranto, since 
it can not be ousted; it is not such a corporation as R. S., Sec. 
6761, contemplates, but a state agency. (State ex rel. B'd Ed'n 
Morgan Tp. v. B'd of Ed'n Riley Tp. et al., 7 C. C, 152.) 

Incorporated township for common school purposes is a quasi 
public corporation. (Bush v. Shipman, 5 111., 186.) 

School townships are not municipal corporations in their na- 
ture or purpose (People v. Travers, 78 111., 136) ; and school 
districts are but territorial divisions having many of the at- 
tributes of a corporation. (Wharton v. School Dist., 42 Pa. 
St., 358.) They are only quasi corporations, and can exercise 
no powers except those especially conferred by statute. (School 
Dist. V. Thompson, 5 Minn., 280 ; Littlewort v. Davis, 50 Miss., 
403; Sch. Dist. v. Macloon, 4 Wis., 79.) 

Liability of Boards for Injury to Persons. — A board 
of education is not liable in its corporate capacity for damages 
for an injury resulting to a pupil while attending a common 
school, from its negligence in the discharge of its official duty 
in the erection and maintenance of a common school building 
under its charge, in the absence of a statute creating a liability. 

Thus, where a school board permitted wells or uncovered 
areas adjoining a school building which were constructed for 
the purpose of letting light into the basement, and were some 
eight feet deep and from two to four feet across the top, to 
remain thus, and a child, in playing, fell into one of these wells 
and was injured, it was held no recovery could be had against 
the board. (Finch v. Board of Education, 30 0. S., 37.) The 
opinion discusses the general corporate power, etc., of boards 
of education. 

"OAving to the very limited number of corporate powers," 
say the court, ''conferred on them, boards of education rank 
low in the grade of corporate existence, and hence are properly 
denominated g^4as^-corporations. This designation distin- 



§ 79 GUIDE FOE OHIO SCHOOL OFFICERS. 92 

guishes this grade of corporations from municipal corporations, 
such as cities and towns acting under charters or incorporating 
statutes, which are vested with more extended powers and a 
larger measure of corporate life. This superior grade, from 
the nature of their organization, benefits received, and power 
to raise needed funds, are held responsible by common law for 
private personal injuries caused by their own negligence or that 
of their servants, whilst the inferior grade of public quasi- 
corporations are liable for damages resulting from their negli- 
gence, only where made so by express legislation. This grade 
includes the defendant ; it possesses but limited powers and 
small corporate life, a corporation in some sense political, but 
in no sense a municipal corporation." (See Board of Com. of 
Hamilton Co. v. Mighels, 7 0. S., 109; Biglow v. Inhabitants 
of Randolph, 14 Gray, 541.) 

Liability for Injuries to Property. — In a recent case 
(Board v. Volk, 72 0. S., 469), the supreme court has applied 
the same doctrine in reference to injuries resulting to property 
as it had before, in reference to injuries resulting to persons, 
and held that a board of education is not liable in its corporate 
capacity for damages where, in excavating on its own lots 
for the erection of a school building, it wrongfully and neg- 
ligently carries the excavation below the statutory depth of 
nine feet, thereby undermining and injuring the foundation 
and walls of the building of the adjoining property. 

In this case the court reiterates the doctrine that in order 
for a corporation to possess the quasi corporation characteris- 
tics, as a board of education does, they could not be sued or 
held responsible unless the statute specifically so provides, and 
after quoting §79 (§3971), says: ''The other parts of the 
title measure the duties and powers of the board in all re- 
spects, so much so that nothing seems left to inference or im- 
plication. It may contract and be contracted w^ith, but a con- 
tract not authorized by statute is ttltra vires, and can not be 
enforced, although the board is capable of suing and being 
sued. It has no power to bind the school district which it 
represents on contracts not authorized by law, and it has been 
so held repeatedly. If it can not bind the district by such con- 
tracts, how can it be bound for unauthorized torts of the board? 

It is true that boards of education are authorized, when nec- 
essary, to purchase grounds for school and school house pur- 
poses and to erect and maintain school houses; to enter into 
necessary contracts for the erection of proper school buildings 
and the purchase of school supplies, yet the method of making 
such contracts is prescribed by statute, so that it is the general 
assembly speaking through the board as to what may be done 
and how it must be done. The board is not authorized to 
commit a tort — to be careless or negligent — and when it com- 



93 LIABILITY OF INDIVIDUAL MEMBERS. § 79 

N 

mits a wrong or tort, it does not in that respect represent the 
district, and for its negligence or tort in any form the board 
can not make the district liable. It is without power to levy- 
taxes except for school and school house purposes, and there- 
fore no levy could be legally made to jyay a judgment against 
it, if one should be recovered for its torts. The property be- 
longing to the board, and to which it holds title in its trust 
capacity, can not be seized or held to satisfy a judgment for 
damages, for it is declared in § 81 (§ 3973), Revised Statutes, 
that "all property, real or personal, vested in any board of 
education, shall be exempt from tax and from sale on execu- 
tion, or other writ or order in the nature of an execution. ' ' 

Liability of Individual Member for Injuries. — In Dun- 
lap V. Knapp, 14 0. S., 64, the supreme court held that a su- 
pervisor of roads was not personally liable for injuries that 
an individual has sustained because of neglect to keep a bridge 
in repair, and that he was only liable for the penalty pre- 
scribed by law, and it seems that the claim for damages for 
neglect to keep buildings, etc., in repair against a member of 
a school board would rest on no stronger ground. Where 
an individual member was sued because he had admitted chil- 
dren to the school in such a manner that the plaintiff's chil- 
dren were deprived of their school advantages, it was held 
that an officer acting within the scope of his authority is not 
responsible for an injury, unless it results from a corrupt 
motive. (Stewart v. Southard, 17 0. S., 402; Ramsey v. Riley, 
13 0. S., 157. See Gregory v. Small, 39 0. S., 349 ; Thomas v. 
Wilson, 40 0. S., 516.) 

He is not liable for the negligence of workmen under him. 
(Donovan v. McCalpin, 46 N. Y. Sup. Ct., 111.) 

In another case where a teacher was hurt by falling through 
a defective door, it was held that the member was liable. (Bas- 
sett V. Fish, 19 N. Y. Supreme Ct., 209), and in (Minn. Bank v. 
Brainard, 51 N. Y. Rep., 814) it is held he is not liable for neg- 
ligence in making repairs. See § 97 (§ 3988) as to liability, etc. 

Sale or Exchange of Real Estate. — This statute pro- 
vides methods of a sale or exchange of real estate, but not for 
purchase; this is provided for in other sections. (See. 95, 
§ 3987, and Sec. 99, § 3991.) The law must be strictly followed ; 
if it exceeds $300 in value, it must be sold at public auction. 
Notice must be put up in five of the most public places in the 
district at least thirty days before the time of sale. If offered 
twice, it then only may be sold at private sale. The authority 
to sell or exchange must appear on the minutes to be by ma- 
jority vote of the members of the board of education. Deeds 
must be made by the corporation through its president and 
secretary. (See section 3991 (§ 99). 



§ 80 GUIDE FOR OHIO SCHOOL OFFICERS. 94 

A corporation must take and grant by its corporate name. 
(2 Kent, 2d Ed. 357.) 

Form of Notice of Sale. 

To "Whom it May Concern. 

Notice is hereby given that on , the day of , 

190.., there will be sold at public auction, on the premises, the fol- 
lowing described real estate, to wit: (here describe). At the same 
time and place there will also be offered the following personal prop- 
erty for sale, to wit: ; all of said property to be sold to the 

highest bidder, the personal property for cash, the real estate for 
one-third cash, one-third in one year, one-third in two years, from 
date of sale, with interest. The deferred payments to be secured by 
notes any mortgages on the premises. 

By order of the board of education of ...... township. 

(Date.) 

Clerk of Township. 

§ 80. [Title to property vested in boards of education ; res- 
olutions and orders to remain valid until changed; contracts, 
bonds and tax levies protected.] (§ 3972.) All property, real 
or personal, which has heretofore vested in and is now held 
by any board of education for the use of public or common 
schools in any district, is hereby vested in the board of edu- 
cation provided for in this title, having under this title juris- 
diction and control of the schools in such district ; and all reso- 
lutions and orders passed by any board of education shall re- 
main in full force and effect until duly altered or repealed, and 
nothing in this act contained shall be construed to in any way 
affect the validity of any contract made nor bonds or certifi- 
cates of indebtedness issued, by any board of education of any 
school district, whether created under the provisions of a gen- 
eral or a special act ; and all school funds, whether arising from 
taxation, sale of bonds, or otherwise, in the hands of or be- 
longing to any board of education of any school district, 
whether created under the provisions of a general or a special 
act, and all taxes levied by any such board not collected, shall 
be transferred to the credit of the board of education elected, 
under the provisions of this act, to succeed the board having 
such funds to its credit or which made the levy for the un- 
collected taxes. (97 v. 354.) 

Held in Trust, etc. — The title to school grounds, and other 
school property, is by express terms of the statute vested in the 
board of education. But for what purpose ? 



95 TITLE TO PROPERTY, § 80 

It is not the private property of the board, but it is au- 
thorized to hold it for the state for the promotion and advance- 
ment of the education of the youth of the commonwealth, and 
its control is limited according to the will of the sovereign pow- 
er. The board is a mere instrumentalitj^ of the state to accom- 
plish its purpose in establishing and carrying forward a sys- 
tem of common schools throughout the state. As heretofore 
stated, these boards are but arms of the sovereign, the state, 
and the latter has neither authorized, nor permitted by any 
law, its agents to be sued for tort to either person or property. 
Board V. Volk, 72 0. S., 485. 

A dedication for school purposes is for specific use, and con- 
fers no power of alienation so as to extinguish the use. Board 
©f Education, etc., v. Edson et al, 18 0. S., 221. 

Boards of education are invested with the title to the prop- 
erty of their respective districts in trust for the use of public 
schools ; and a lease of a public school house for the purpose of 
having a private or select school taught therein, for a term of 
weeks, is in violation of the trust; and such use may be re- 
strained at the suit of a resident taxpayer of the district. Weir 
V. Day, et al., 35 0. S., 143. 

Where land was conveyed to a township board of education, 
its successors and assigns, for the use of school purposes only, 
and the board afterward sold the land at public outcry to C. , 
the board having determined on another site ; Held, that the 
mere fact of sale was not a breach of the condition. Taylor 
V. Blinford, 37 0. S., 262. 

The board of education being a legal entity empowered to 
sue, has capacity to sue its defaulting treasurer without re- 
sorting to his bond. Board of Education v. Milligan, 51 0. S., 
115. 

Criminal Provisions Relative to. — Defacing ScJiool house, 
Penalty for. (§ 6877, R. S.) — ^Whoever maliciously injures or 
defaces any church edifice, school house, dwelling house or 
other building, its fixtures, books, or appurtenances, or com- 
mits any nuisance therein, or purposely and maliciously com- 
mits any trespass upon the inclosed grounds attached thereto, 
or any fixtures placed thereon, or any inclosure or sidewalk 
about the same, shall be fined in anv sum not more than one 
hundred dollars. (63 v. 175, § 1; S.^& S. 280, § 51; 70 v. 216, 
§ 73.) 

Penalty for Burning School Property. — Section 6931, R, S., 
provides that "Whoever maliciously burns, or attempts to burn 
any . . . school house . . . shall be imprisoned in the 
penitentiary not more than twenty years." 

Penalty for Felony and Stealing. — Section 6835, R. S., pro- 
vides that "Whoever, in the night season, maliciously and forci- 
bly breaks and enters any . . . school house . . . with 



§ 81 GUIDE FOR OHIO SCHOOL OFFICERS. 96 

intent to commit a felony, or with intent to steal property of 
any value, shall be imprisoned in the penitentiary not more 
than ten years nor less than one year." 

Penalty for B^'eaking into' School House to Steal. — A similar 
penalty is imposed by section 6836, R. S., for entering a school 
house in the daytime or night season, and attempting to com- 
mit a felony. Section 6837, R. S., provides that "Whoever 
maliciously, in the daytime breaks and enters any . . . 
school house . . . with intent to steal, shall be fined not 
more than three hundred dollars, and imprisoned not more 
than sixty days." 

Penalty for Disturbing a Meeting {School). — Section 6896, 
R. S., provides that ''Whoever wilfully interrupts or disturbs 
any assembly of persons met for a lawful purpose, or any per- 
son while he is at or about the place where such assembly 
is to be held, or is and has been held, shall be fined not more 
than fifty dollars, or imprisoned not more than ten davs, or 
both." (73 v. 224, § 1; 61 v. 98, § 1 ; S. & S., 228; 70 v. 216, 
§74.) 

Memhers of Board Liable. — A member of a board of educa- 
tion is as liable to prosecution for violently disturbing a school 
in session as any other person. Such member is also equally 
liable with any other person for forcibly breaking into a 
school house for the purpose of admitting any meeting, or for 
promoting other use of the school house not authorized by a 
majority of the board of education or by law. In short, an 
individual member of the board, as such, has no more author- 
ity concerning school property than any other individual has. 
If he is, by law or by the board, constituted a committee to 
look after the school house, he may exercise such authority ; but 
even then he has no power to open the house for purposes 
unauthorized by the board. The limitation of course applies, 
that for mere errors of judgment, with proper purpose and in- 
tent to act within the authority vested in him by the board, the 
law will exonerate him. 

What are Public School Houses. — By "public school houses" 
are meant such as belong to the public, and are designed for 
schools established and conducted under public authority. The 
fact that the use of the property is free is not a necessary ele- 
ment in determining whether the use is public. (Gerke v. Pur- 
cell, 25 0. S., 229.) 

§81. [School property exempt from taxation.] (§3973.) 
All property, real or personal, vested in any board of educa- 
tion, shall be exempt from tax, and from sale on execution, or 
other writ or order in the nature of an execution. 70 v. 
195, § 72.) 



97 TAXATION OF SCHOOL PROPERTY. § 81 

Constitutional Provision. Exemption from Taxation. 

Assessments and Executions. 

Constitutional Provision. — [Taxation by uniform rule.] 
See. 2. Laws shall be passed, by taxing by a uniform rule, all 
moneys, credits, investments in bonds, stocks, joint stock com- 
panies, or otherwise ; and also all real and personal property, 
according to its true value in money; but burying grounds, 
public school houses, houses used exclusively for public wor- 
ship, institutions of purely public charity, pul3lic property used 
exclusively for any public purpose, and personal property to 
an amount not exceeding in value two hundred dollars, for 
each individual may, by general laws, be exempted from tax- 
ation; but all such laws shall be subject to alteration or re- 
peal; and the value of all property so exempted shall, from 
time to time, be ascertained and published, as may be directed 
by law. (Art. XII, 1851.) 

Assessments and Executions. — School property is not 
liable to assessment for street improvement; nor can a judg- 
ment be rendered against the board of education for the pay- 
ment of the assessment out of its contingent fund. (Citv of 
Toledo V. Board of Education, 48 0. S., 83.) 

Sidewalk — school propertv not assessable for. (Board of 
Education v. The City of Toledo, 48 0. S., 87.) 

It must be paid out of the general fund of the city. 

Property purchased by a board of education, and upon which 
there is a mortgage lien, may be sold on foreclosure. (Board 
of Education of Findlay v. Stephenson, 39 Bull., 76; Aff'd by 
Supreme Court.) 

A mechanic 's lien or a mortgage could not be enforced, since 
such enforcement would require an "order in the nature of 
an execution." (See Roekel & White's Mechanic's Lien Law, 
p. 12.) 

For additional provision relating to non-taxation of school 
property, see section 2732, R. S. 

For provisions relating to taxation of school and ministerial 
lands held under a lease exceeding fourteen years, see section 
2733. R. S. 

Whether, from the mere fact that the statute now provides 
that there shall be a contingent fund, the school property could 
be held, is not decided in Board of Ed. v. Bowland, 15 Dec. 335. 
The mere fact, however, that the members of the board pe- 
titioned for it, will not make the board liable, id. The opinion 
of the supreme court in Board v. Volk, 72 O. S., 469, would in- 
dicate that the board is no more liable under the new code 
than it was under the former law. 



§ 81 GUIDE FOR OHIO SCHOOL OFFICERS. 98 

Exemption from Taxation. — As a general proposition it 
may be said that in order for the property to be exempt it must 
be actually used for educational purposes. (Washburn v. Com- 
missioners, 8 Kan., 344 ; Cincinnati Coll. v. State, 19 Ohio, 110 ; 
State V. Elizabeth, 4 Dutch., 103; Detroit, etc., v. Mayor, 3 
Mich., 172 ; State v. Ross, 4 Zabr., 497 ; Pace v. Jefferson Coun- 
ty, 20 111., 644; Nazareth v. Commonwealth, 14 B. Mon., 266.) 

In a ease in the United States Supreme Court it was held 
that an exemption of all property "necessary for school pur- 
poses" included property not in actual use by the school, but 
which is rented and th e income applied to the support of the 
school, (The Northwestern University v. The People, Sup. 
Court of U. S., reported in Am. L. Reg., Vol. XVIII, No. 
6, p. 366.) 

Whether this United States decision would be in all cases 
followed in Ohio may be qviestioned, for in the earliest case 
we have on that subject it is held that the property of literary 
and scientific societies is only exempt from taxation when 
used exclusively for literary and scientific purposes. If used 
for other purposes it is liable for taxation, although the pro- 
ceeds are in the future to be applied for the promotion of liter- 
ature and science. 

And, furthermore, in the same case, it is held that all laws 
exempting any of the property in the state from taxation, 
being in derogation of equal rights, should be construed strictly. 
(Cincinnati College v. State, 19 Ohio, 110.) 

In another case, where a library association, which it was 
conceded was exempt, owned a lot of ground with a block of 
buildings thereon, constructed as an entirety, and the buildings 
having a basement and three stories over the same, were di- 
vided into rooms adapted for its use and for renting, some of 
which on each floor are used by it for its purposes ; some are 
rented out, and the rents received are applied exclusively to 
keeping the property in good repair, and to the purpose of 
the association, and some are vacant, it was held that such part 
of said building and appurtenances which are rented and oth- 
erwise used with a view to profit, are not exempt from tax- 
ation. (The Cleveland Library Association v. Pelton, 36 0. 
S., 253.) 

In another case, where the question at issue was whether 
or not a parsonage, although built on ground which might 
otherwise be exempt as attached to the church edifice, is ex- 
empt, the court held that the exemption was not of such houses 
as may be used for the support of public worship, but houses 
used exclusivelv as places of public worship, ((lerke v. Pur- 
sell, 25 0. S., 229.) 

In this case it is held that schools established by private do- 
nations, and which are carried on for the benefit of the pub- 



99 CONVEYANCES AND CONTRACTS. § 82 

lie, and not with a view to profit, are institutions of purely 
public charity within the meaning of the provision of the Con- 
stitution, and that such institution is exempt from taxation. 

In a still earlier Ohio ease it was held that a house on school 
grounds for a professor was not exempt from taxation. (Ken- 
driek v. Farquhar, 8 Ohio, 180.) 

If a farm be used for the purpose of raising produce to sell 
and get money to carry on a school, it will not be exempt, the 
use for educational purposes in such a case is too remote. (St. 
Mary's College v. Crowl, 10 Kan., 448.) 

So in a Massachusetts ease, where the president and fellows 
of Harvard College built a dwelling-house on the land of a 
corporation within the college yard and leased the same to one 
of their professors, to be occupied by him as a residence for 
himself and family at an annual rent, it was held that the 
dwelling-house was not exempt. But in this same case it was 
stated that it would have been otherwise if the building had 
been built for one of the professors and had been occupied by 
him without paving any rent therefor. (Pierce v. Cambridge, 
2 Cush. (Mass.), 611.) 

§82. [Conveyances and contracts.] (3974.) All convey- 
ances made by a board of education shall be executed by the 
president and clerk thereof; no member of a board shall have 
any pecuniary interest, either direct or indirect, in any contract 
of the board, or be employed in any manner for compensation 
by the board of which he is a member, except as clerk or treas- 
urer; and no contract shall be binding upon any board unless it 
be made or authorized to be made at a regular or special meet- 
ing of the board. (70 v. 195, §§ 21, 38.) 

Comments. Pecuniary Interest of Mem- 

Kesolution for Conveyance. bers, etc. 

Resolution for Conveyance. — If the board decides to 
sell any of its property it should pass a resolution to that effect. 
This resolution must, voon the call of an aye and nay vote, 
receive in the affirmative the vote of a majority of all the mem- 
bers of the board — (§ 89) § 3982 — not merely a majority of 
a quorum or those present. 

The resolution may be in the following form : 

Resolved, by the board of education of school district, that 

in consideration of $ paid to , the president of this board, 

by , that the said president and the cleric of this board, 

are directed to convey by proper warranty deed, to said , the 

purchaser thereof, the following described real estate: 



§ 82a GUIDE FOR OHIO SCHOOL OFFICERS. 100 

Pecuniary Interest op Member, etc. — Not only does 
this action forbid any member of the board from having a 
pecuniary interest in any contract the board may make, but 
another section, in order to make it effective, provides : 

§ 82a. (§ 6975.) A member of a board of education organ- 
ized under any law of this state who accepts or receives any 
compensation for his service as such member, e-xcept as clerk 
or treasurer of such board, shall be deemed guilty of embezzle- 
ment of the amounts so received, and furnished accordingly. 
(72 V. 14.) 

Comments. — The individual act of a majority of the mem- 
bers of a school board acting separately — as signing contract-^ 
are not the corporate acts of the board and do not bind it. 
(Ohio ex rel. Steinbeck et al. v. Treasurer of Liberty Town- 
ship, 22 0. S., 144.) 

A contract by a firm to sell goods to a board of education, 
one member of which board is a partner in the firm, is void 
under section 3974 (§ 82), and any resident taxpayer may ob- 
tain injunction against payment thereof. (Grant v. Brouse 
et al., 1 N. P., 145.) 

No contract, appropriation, etc., unless money is in treasury 
and set apart, except in certain cities. See section 2834&, given 
in full under § 97 (§3988.) 

The failure of an officer to attach his official title to his sig- 
nature will not affect the instrument so far as the district is 
concerned; provided the contract was authorized and made 
for the district, and this fact can be shown. 

A member of a board of education can not draw wages or 
pay as superintendent of schools or of buildings, as teacher or 
janitor, as contractor for fuel, for drawing fuel, or for any 
other service to the district in which he is serving as such 
member, except for services as clerk or treasurer. Nor can a 
local director draw pay for any such service in his sub-district 
if he is a member of the township board, or if the service is 
such as the board of education or the statute has authorized the 
local board to contract for. 

There is, perhaps, no reason why a local director who is not 
a member of the township board of education may not teach, 
or furnish fuel, or the like, in a sub-district in which he is not 
a local director. The principles of law without this statute 
would decide that a party can not be on both sides of a con- 
tract. (Piatt et al. v. N. Longworth's Devisees, Executors, et 
al., 27 0. S., 159, 195; Parsons on Contracts, vol. 1, p. 86; Pol- 
lock's Principles of Contracts, p. 253.) 

School property should be insured, but not in a company 



101 MEMBERS NOT TO BE INTERESTED. § 83 

represented by a member of the board. (See § 6969, R. S.) 
The attorney-general concurs in this opinion. (See opinions 
of Attorney-General, vol. F, 36.) 

An agreement by members of a township board of education, 
acting in their individual capacity, to purchase from another 
person apparatus for the schools of the township, and to ratify 
said contract of purchase at the next meeting of the board, is 
contrary to public policy, and therefore illegal and void, and 
not enforceable against the members as individuals. (McCortle 
V. Bates, 29 Ohio St., 419.) 

Pending a litigation between the board of education of a 
township and a special school district therein, as to the cus- 
tody and control of a fund in the township treasury, the board 
permitted the treasurer, by a verbal agreement, to use the fund 
in his business, on his agreeing to pay interest thereon, the 
object being to earn sufficient by such use to meet the inter- 
est with which the board would be charged in the event the 
pending action should be decided against it. When the treas- 
urer's term expired, and for the same reason the loan was re- 
newed, and a note with sureties taken for the amount then due, 
payable to the board with interest in ten months, held, 1. 
Such loan was in contravention of public policy, and prohibited 
by statute. 2. In an action on the note by the board, the sure- 
ties thereon were not estopped from setting up the illegality 
of the transaction as a defense. 3. While the board may do any 
act in disaffirmance of such an illegal contract, and recover 
back the money illegally taken from the treasury by an action, 
or take a note and security for its return, yet it has no power, 
in the absence of statutory authority for that purpose, to ratify 
and adopt a contract made in violation of law. (Board of Ed- 
ucation V. Thompson, 33 Ohio St., 321.) 

There must be an aye and nay vote and a quorum. See § 89 
(§3982). 

See § 206a (§ 6975a), following §4017, R. S. (§206), as when con- 
tract is illegal, and penalty, etc. 

§ 83. [Boards of education may accept bequests, gifts or en- 
dowments; limitation on same.] (§3975.) Any board of edu- 
cation may, by the adoption of a resolution, accept any bequest 
made to them by will or may accept any gift or endowment 
from any person or corporation, upon the conditions and stip- 
ulations contained in the will or connected with the gift or 
endowment; and for the purpose of enabling such boards to 
carry out the conditions and limitations upon v/hich the be- 
quest, gift or endowment is made, they are authorized to make 
all rules and regulations that may be required to fully carry 



§§84,85 GUIDE FOR OHIO SCHOOL OFFICERS. 102 

into effect the provisions of said bequest, gift or endowment; 
but no such bequest, gift or endowment shall be accepted by 
any board of education when the conditions of the same shall 
remove any portion of the public schools from under the con- 
trol of said board. (97 v. 335.) 

§84. [Process against boards and how served.] (§ 3976.) 
The process in all suits against a board of education shall be 
by summons, and shall be served by leaving a copy thereof with 
the clerk or president of the board. (70 v. 195, § 68.) 

Of course service can be waived by the clerk or president. 
Without direct authority confession of judgment could not be 
entered by the clerk or president. 

§ 85. [Prosecuting attorney and city solicitor to act as legal 
adviser of boards of education.] (§ 3977.) The prosecuting 
attorney shall be the legal adviser of all boards of education 
in the county in which he is serving, except in city school dis- 
tricts, he shall prosecute all actions against a member or offi- 
cer of a board of education for malfeasance or misfeasance in 
office, he shall be the legal counsel of said boards or the offi- 
cers thereof in all civil actions brought by or against them, and 
shall conduct the same in his official capacity; provided, that 
when said civil action is between two or more boards of edu- 
cation in the same county, said prosecuting attorney shall not 
be required to act for either of them. In city school districts 
the city solicitor shall be the legal adviser and attorney for 
the board of education, and shall perform the same services 
for said board of education as is herein required of prosecuting 
attorneys for other boards of education. The duties herein 
prescribed shall devolve upon any official serving in a capacity 
similar to that of prosecuting attorney or city solicitor for 
the territory wherein a school district is situated, regardless of 
his official designation. No prosecuting attorney, city solicitor 
or other official acting in a similar capacity shall be a member 
of the board of education. No compensation in addition to 
such officers' regular salary shall be allowed for such services. 
(97 V. 355.) 

Opinion of Attorney-General. — The following opinion 
was rendered by Attorney-General Nash, November 4, 1881 : 



103 SPECIAL MEETINGS OP BOARD. § 86 

''Section 3977 (§85) of the Revised Statutes provides that 
the prosecuting attorney of a county shall be the attorney for 
the school boards within his county, except in city districts, and 
sets forth what duties he shall perform in this regard. This 
service is made one of the duties of the prosecuting attorney, 
which he is bound to render under his salary, as no express 
provision is made for the payment of such services. 

It frequently happens that the prosecuting attorney, on ac- 
count of his numerous other duties, is wholly unable to per- 
form the service required by this section, and it sometimes 
happens that cases arise which require that the prosecuting 
attorney should have assistance in them. In such cases as 
these the question, 'Have boards of education the right to 
employ and pay counsel, or, in short, have such boards the 
right and authority to pay attorney fees in defending or 
prosecuting cases in which they are parties?' becomes im- 
portant. 

"Under such circumstances as I have indicated above, I 
answer the question in the affirmative, and for this answer 
I rely on section 3971 (§31) of the Revised Statutes. This sec- 
tion makes boards of education bodies politic and corporate, 
and vests them with the power of suing and being sued. I 
think that the law which authorizes these boards to sue and 
be sued by implication confers upon them authority to do 
all things that are necessary to prosecute successfully or de- 
fend a suit." (Opinions Attorney-Cxeneral, vol. F. 115.) 

Public officers for whom pay is provided by statute will 
not be allowed compensation for extra work unless this is 
specially authorized bv statute, (9 Neb., 85 ; X Central L. J., 
299.) 

The prosecuting attorney is required to prosecute for in- 
juries to timber on school lands. (§ 1279, R. S.) 

Prosecuting attorney can not enjoin application of money 
by school board, but a taxpayer probably can. (State ex rel. 
V. Board of Education of Van Buren Tp., 11 C. C, 41 ; State 
ex rel. Hartman, etc., v. Board of Education, 58 0. S., 656. 

§86. [Special meetings of board.] (§3978.) A special 
meeting of a board of education can be called by the presi- 
dent or clerk of the board or by any two members thereof, 
by serving a written notice of the time and place of such 
meeting upon each member of the board, either personally, 
or at his residence, or usual place of business, said notice 
to be signed by the official or member calling the meeting. 
(97 V. 355.) 



§ 87 GUIDE FOR OHIO SCHOOL OFFICERS, 104 

Form of Notice of Special Meeting of Board. 

Notice is hereby given that there will be a meeting of the board of 

of , at o'clock , at , to consider the question* 

, and other business which may be considered necessary to trans- 
act. 



190.. Clerk. 



When the statute requires a particular kind of notice, no 
other notice can be substituted and satisfy the terms of the 
statute; a notice sent by mail does not comply with the 
provisions of this section. (Attorney-General.) 

Teachers can be elected at special meetings. 

The adjourned meetings of a regular session, are regular 
meetings. 

Board must provide rules, etc., § 80 (§ 3982). 

Meetings are illegal unless held in accordance to law and 
the by-laws of the board. § 92 (§ 3985). 
For election of teachers, see §§ 206 and 89. 

§87. [Oath of members and other officers. (§3979.) 
Each person elected or appointed a member of the board of ed- 
ucation, or elected or appointed to any office under this title, 
shall, before entering upon the duties of his office, take an 
oath or affirmation to support the constitution of the United 
States and the constitution of the State of Ohio, and that he 
will perform faithfully the duties of his office ; which oath 
or affirmation may be administered by the clerk or any mem- 
ber of the board. (71 v. 15, § 42.) 

This would include a director of a sub-district, a clerk or 
treasurer of the board, and truant officer, etc. The president 
and clerk must attend December meeting of township trus- 
tees. (§1458 R. S.) 

Form of Oath. 

The State of Ohio, County, ss. 

I, , do solemnly swear that I will support the Constitution 

of the United States and the Constitution of the State of Ohio, and 

will faithfully discharge and perform the duties of of 

township district, in county, and State of Ohio, during my 

continuance in office, to the best of my knowledge and ability. 



Sworn to and subscribed before me, this day of 

A. D. 190.. 



* The purpose for which a meeting is called should be stated In 
the notice. 



105 VACANCIES IN BOARD. § 88 

But a person so elected may appear before any person au- 
thorized by law to administer an oath, and may take his oath 
of office. This should be done in case the member-elect is, for 
any reason, unable to attend the meeting for organization. 
The certificate of the officer administering the oath should be 
sent to the board and copied in the records, to obviate all 
questions. For the same reason a record should be made of 
the oath administered to each member. 

Officers who have sworn to perform official duties may be 
compelled to perform them by 'WTit of mandamus. This writ 
issues from the supreme, district or common pleas court. 
(R. S., f 6742, as amended 1880.) 

They may also be restrained from doing illegal acts un- 
der color of authority as officers by writ of injunction. This 
writ issues from the supreme or common pleas court or a 
judge of either; or from the probate court, in case none of 
the above named judges are in the county. (R. S., § 5573.) 

But to boards of education is left a large discretion as to 
the manner of performing their official duties, and courts 
will not interefere with this discretion. (Boards of Educa- 
tion V. Minor, 23 0. L., 211.) 

Officers required by law to exercise their judgments are not 
answerable for mistakes of law or mere errors of judgment, 
where there is neither fraud nor malice. (Jenkins v. "Waldron, 
11 John. (N. Y.), 114.) 

An officer acting within the scope of his authority is only 
responsible for an injury resulting from a corrupt motive. 
(Stewart v. Southard, 17 Ohio, 402.) 

A public officer who is required by law to act in certain 
eases, according to his judgment or opinion, and subject to 
penalties for his neglect, is not liable to a party for an omis- 
sion arising from a mistake or want of skill, if acting in good 
faith. Seaman v. Patten, 2 Caine (N. Y.), 312. 

But an officer intrusted by the common law or by statute 
is liable to an action for negligence in the performance of 
his trust, or for fraud or neglect in the execution of his 
office. (Jenner v. Jolliffe, 9 John. (N. Y.), 381.) 

The performance of any act prohibited by statute, or any 
willful neglect of duty, and for which no penalty is provided 
by enactment, is a misdemeanor. 

§ 88. [Vacancies in board of education; how filled.] 

(§ 3981.) Vacancies in any board of education arising from 
death, non-residence, resignation, removal from office, failure 
of person elected or appointed to qualify within ten days 
after the" organization of the board or of his appointment, 
removal from the district, or from other cause, shall be filled 



§ 88 GUIDE FOR OHIO SCHOOL OFFICERS. 106 

by the board of education at its next regular or special meet- 
ing or as soon thereafter as possible, for the uneexpired term. 
A majority vote of all the remaining members of the board 
can fill any vacancy or vacancies that may exist in said board 
(97 V. 355.) 

Comments. Number of Votes Required to 

Resignation, to Whom Made. Appoint. 
Holds Until Successor is 
Elected. 

Temporary absence from home will not vacate an office ; but 
if such absence creates embarrassment, the holder ought to re- 
sign. All vacancies should be filled before any business is 
transacted. 

Resignation, to Whom Made. — The resignation of a dis- 
trict or sub-district officer must be made to the board, and 
should be in writing. 

A person claiming to be a legal officer, and in possession, 
can not be voted out by the board, but should be proceeded 
against by a writ of quo warranto. (§ 6760, R. S.) 

The section provides that the vacancy shall be filled witJiouf 
delay. Hence, if any other business is attempted to be per- 
formed before the filling of such vacancy, a point of order 
should be raised under this clause of the section. The law 
here provides that no vacancy need exist when a vote is to be 
taken, hence no item of business enumerated in section 3982 
(§ 89) can be transacted which does not receive the votes of a 
majority of all the members constituting a full board. 

Holds Until Successor is Elected and Qualified. — (§ 11, R. 
S.) When an elective office becomes vacant and is filled by ap- 
pointment, such appointee shall hold office till his successor is 
elected and qualified, and such successor shall be elected at the 
first proper election that is held more than thirty days after the 
occurrence of the vacancy; but this section shall not be con- 
strued to postpone the time for such election beyond that at 
which it would have been held had no such vacancy occurred, 
nor to affect the official term, or the time for the commence- 
ment of the same, of any one elected to such office before the 
occurrence of such vacancy. 

Tie vote at election ; failure to elect or refusal to serve, in 
township districts; see section 3978 (§ 86). 

A resignation takes effect from its date and not from its 
acceptance, at least to authorize filling the vacancy, the com- 
mon law rules requiring an acceptance being abrogated in 



107 VACANCIES IN BOARD, § 88 

Ohio except where otherwise specially provided. (Reiter v. 
State ex rel, 51 0. S., 74.) 

Where one, elected to an office, dies before his term begins, 
no vacancy is thereby created in the office until the end of the 
term of the existing incumbent; and if this falls within thirty 
days of the next proper election (§ 11, E. S.), the vacancy can 
not be filled by an election thereat. (The State ex rel. v. 
Dahl et al., 55 0. S., 195.) 

While the law gives ten days in which to fill a vacancy, it is 
evidently the intention that it should be filled at the earliest 
possible date, and before the transaction of business by the 
board. 

Number op Votes Required to Appoint a IMember. — To 
elect an officer of the board requires a majority of all the 
remaining members composing the board of education, by 
law, in the given district. See se'ction 3982 (§ 89.) But 
though a member holding an office may die, the election of 
a memher to fill the vacancy is not the election of an offi.cer. 

An officer elected for three years continues for three years 
and until his successor is elected and qualified. (23 Vt., 416.) 

The officer, once qualified, continues in the responsibilities 
of his office until his successor is qualified. There can be no 
successor until after such qualification takes place. (22 Pick., 
122.) 

An officer may resign, but he remains in his office, subject to 
all its responsibilities, until his resignation is accepted. It 
is generally supposed that an office is held at the will of either 
party. It is held at the will of both. Resignations are so gen- 
erally accepted that, with respect to lucrative offices, it has 
grown into a common notion that to resign is a matter of 
right. But it is otherwise. The public has a right to the 
services of all citizens, and may demand them in all civil de- 
partments as well as military. (Hoke v. Henderson, 4 Deye- 
reux [N. Car.], 1.) 

The following case goes still further, holding a resigning 
officer to his responsibilities and duties until his successor is 
elected or appointed and qualified: 

"Tennessee constitution, article 7, section 5, provides that 
'every officer shall hold his office until his successor is elected 
or appointed and qualified.' Held, that this applies to a re- 
signing officer, who must continue in the discharge of his du- 
ties until his successor is elected or appointed and qualified; 
that the officer remains under an obligation to obey a writ of 
mandamus notwithstanding his resignation, and is guilty of 
contempt if he fails to comply with the writ, and the obliga- 
tion passes to his successor when qualified." (Watts v. Lau- 
derdale Co., 14 Cent. Law J., 210; U. S. C. C. Dist., Term.) 



§ 89 GUIDE FOR OHIO SCHOOL OFFICERS. 108 

Acceptance by a corporation is, at common law, necessary 
to a consummation of the resignation, and, until acceptance 
by proper authority, the tender is revocable. The right to 
accept a resignation is a power incidental to every corpora- 
tion, also to any power of appointment. (Dillon on Mun. 
Corp., 283.) 

In case a board should really lose all of its members, the 
county commissioners must keep up the school. As they may 
do all that a board could do, they may appoint a new board, or 
members enough to proceed with the appointments to the com- 
pletion of a new board. 

§ 89. [Quorum; majority of all members required in certain 
cases; roll call; pay roll.] (§ 3982.) A majority of the board of 
education shall constitute a quorum for transaction of busi- 
ness ; upon a motion to adopt a resolution authorizing the pur- 
chase or sale of property, either real or personal, or to employ 
a superintendent, teacher, janitor, or other employe, or to 
elect or appoint an officer, or to pay any debt or claim, or 
to adopt any text book, the clerk of the board shall call, pub- 
licly, the roll of all the members composing the board, and en- 
ter on the record required to be kept the names of those voting 
"aye" and the names of those voting "no"; if a majority of 
all the members of the board vote "aye," the president shall 
declare the motion carried; and upon any motion or resolu- 
tion any member of the board may demand the yeas and 
nays, and thereupon the clerk shall call the roll and record 
the names of those voting "aye" and those voting "no," pro- 
vided, that boards of education may provide for the pay- 
ment of superintendents, teachers and other employes b^^ 
payroll if deemed advisable, but in all cases the roll call and 
record, provided for herein shall be complied with. (97 v. 
356.) 

Stx\tute Must be Followed. — The provision that, at an ap- 
pointment of a teacher, the clerk of the board shall call the 
roll of all the members comprising the board to announce 
his candidate is mandatory and must be complied with. 
(Pierce v. Board of Education of Special School District No. 
7 of West Loveland, 1 N. P., 286.) 

It is presumed that the name of the township clerk need not 
be called, as he does -not vote. It is evident that a majority 
of all the members of the township board entitled to vote will 
carry a measure. (See section 3915, § 32.) In all cases except 



109 CALL OF AYE AND NAY VOTE, § 89 

those which are declared to require a majority of all the mem- 
bers composing the board, a majority of a quorum is sufficient 
to pass a measure, and the roll need not be called unless de- 
manded by a member of the board. In case a vacancy occurs 
in the board, see note on section 3981 (§ 88). 

No member of a board can delegate his power to act to an- 
other person, either as a member of the board or otherwise. 
Is is said that this is sometimes done. But acts depending 
upon such delegated votes are void. For heavy penalty at- 
tached to such assumption of official duty, see R. S., section 
6913. 

Respecting the mode in which contracts by corporations 
shall be made, it is important to observe that when the mods 
of contracting is specially and plainly prescribed and limited, 
that mode is exclusive, and must be pursued, or the contract 
will not bind the corporation ; but the courts have sometimes 
regarded provisions on this subject as directorv. (Dillon on 
Mun. Corp., 465.) 

There is no room to doubt that the requirements of this 
section are mandatory, and that they absolutely forbid the 
transaction of these enumerated items of business in any other 
way than that prescribed in this section. 

To make any of these contracts in any other mode than that 
prescribed is to act idtra vires. 

An agreement by members of a township board of education, 
acting in their individual capacity, to purchase from another 
person apparatus for the schools of the township, and to 
ratify such contract of purchase at the next meeting of the 
board, is contrary to public policy, and is; therefore, illegal 
and void, and not enforceable, either against the board or 
members thereof as individuals. (McCortle v. Bates, 29 0. 
S., 419.) 

Boynton, J., also said: "Such defenses as would have been 
allowed had the map vendor retained the claim and brought 
suit upon it himself, are now admissible against the plaintiff. 
Assuming, without deciding, that, by the understanding of the 
parties to the agreement, the defendants incurred personal lia- 
bility, it was quite clear that there was no error in the action 
of the common pleas in sustaining the demurrer and dismiss- 
ing the petition. . . . The statute requires the clerk to . . . 
record, in a book to be provided for that purpose, all the 
official proceedings. . . . Clothed with such powers and 
charged with such duties and responsibilities, it will not be 
permitted to such boards of education to make any agreement 
among themselves, or with others, by which their public ac- 
tion is to be, or may be restrained or embarrassed, or its free- 
dom in any wise affected or impaired. The public, for whom 
they act, have the right to their best judgment after free and 



§ 89 GUIDE FOE OHIO SCHOOL OFFICERS. 110 

full discussion and consultation among themselves of and upon 
the public matters intrusted to them in the section provided 
for by statute. . . . The court will not enter on the inquiry 
whether such contract would, or would not, in a given case, 
be injurious in its consequences if enforced. It being against 
the public interest to enforce it, the law refuses to recognize 
its claim to validity." 

A board of education is a body corporate, and the contract- 
ing of a debt by the board, and the directing the issuance of 
an order to pay it, are corporate acts which can not be per- 
formed by the individual members of the board separately; 
and, therefore, a contract which was signed by the members 
of the board separately, and delivered to the clerks, and which 
was afterward, at a subsequent meeting, repudiated by the 
board, was held not to be binding upon either party. (State v. 
Liberty Tp., 22 0. S., 144.) 

The order of the clerk on the treasurer is not negotiable, 
and the written acceptance of an order by a treasurer who 
has gone out of office imposes no greater obligation on the 
treasurer to pay than if it had been presented without such 
indorsement. 

To rescind action requiring such full majority of the board 
as this section calls for, or requiring a full two-thirds vote, of 
course requries a like vote. 

This section is to be construed with section 3985 (§ 92), and 
it is not intended that the action contemplated in this section 
should be taken in violation of reasonable rules which may 
have been adopted by the board and in pursuance of section 
3985 (§ 92). 

Where, under authority given by section 3985 (§92), the 
board has adopted a rule requiring that a resolution providing 
for a change in text-books should be referred to a committee 
on text-books, and should not be acted upon for four weeks 
from its introduction, such rule is reasonable and binding 
upon the board. State ex rel. v. Board of Education, 2 C. C. 
E., 510.) 

A contract for sinking a well made by a local director is 
within the provisions of this section, and is a purchase, re- 
quiring an aye and nay vote. (Neubauer v. Union Tp., 6 
N. P., 530.) 

Where the minutes show the aye and nay vote and how each 
member voted but does not state expressly that the roll was 
called, this is sufficient compliance with this section. (Ketch- 
am V. Fitches, 13 C. C, 207. 

An election to fill a vacancy on the board is not an election 
of an officer, and would not come under the provisions of this 
section. 

In ease a board should really lose half or more of its mem- 



Ill RECORD OF PROCEEDINGS. §§90,91 

bers, the county commissioners must keep up the schools. 
As they may do all that a board could do, they may appoint 
a new board, or members enough to proceed with the appoint- 
ments to the completion of a new board; see section 3969 
(§ 70). 

In all cases except those which are declared to require a 
majority of all the members composing the board, a major- 
ity of a quorum- is sufficient to pass a measure, and the 
roll need not be called unless demanded by a member of the 
board. • 

See §206 (§4017). 

§ 90. [Absence of president or clerk.] (§ 3983.) If, at 
any meeting of the board, either the president or the clerk 
is absent, the members present shall choose one of their num- 
ber to serve in his place pro tern-pore; and if both are absent, 
both places shall be so filled; but on the appearance of either 
at the meeting, after his place has been so filled, he shall im- 
mediately assume the duties of his office. (70 v! 195, § 31.) 

§ 91. [Record of proceedings and attestation thereof.] 

(§ 3984.) The clerk of the board shall record the proceedings 
of each meeting, in a book to be provided by the board for 
that purpose, which shall be a public record; the record of 
proceedings at each meeting of the board shall be read at its 
next meeting, corrected if necessary, and approved, and the 
approval shall be noted in the proceedings; and after such 
approval the president shall sign the record, and the clerk 
shall attest the same. (70 v. 195, § 29; 71 v. 15, § 42.) 

Proceedings Proved by the Record. — Where a board at a 
regularly called meeting make a contract with a teacher, but 
no record is made of the proceedings, the same may be proved 
by parol. (Dixon v. Subschool District, 3 C. C. R., 517.) 

"A board of education can sp^ak only through its records, 
and these must accordingly be complete, showing just what 
the board did, and no more. A motion made by a member, 
seconded by another member, stated by the president, and" 
voted on by the board, is business and is to be recorded, 
though not a single member voted for it. Any vote^upon it, 
as to refer, to postpone, or to lay upon the table, is action 
and should be recorded. If the board adjourn pending the 
consideration of the motion, the motion should be recorded. 
If the mover withdraws the motion, by consent of the board, 
by general consent it may also be omitted from the records." 



§ 92 GUIDE FOR OHIO SCHOOL OFFICERS. 112 

The records of a special meeting should state by whom the 
meeting was called, and the objects mentioned In the notice, 
as the legality of the proceedings depends on the legality of 
the call and the conformity of the proceedings with the objects 
stated in the notice. 

If a record is inadequately entered, parol evidence may, it 
seems, be admitted to show that action was taken which is not 
found on the records at all. The commissioner of schools of 
Rhode Island decided, under instruction of Judge Brayton of 
the supreme court, that "imperfection in a clerk's record of a 
resolution does not render invalid a tax properly voted. ' ' Yet 
all these imperfections in the record lead to troublesome litiga- 
tion, often to questions which only courts of law can decide, 
and in which their decision may be such as to defeat what was 
attempted to be done in the case. 

School districts are required by law to keep an account of 
their proceedings by a sworn clerk, and such proceedings can 
be proved only by the record, or a copy thereof duly authen- 
ticated. (38 Me., 164.) 

The power to amend the records exists with the clerk while 
he is in office, but not after his term expires, nor for any pur- 
pose other than to make them truthful and complete as to 
fact. (11 Mass., 477; 17 Me., 444.) 

Records of quasi corporations are not considered of that ab- 
solute verity that parol testimony is inadmissible to show facts 
upon which the record is silent. (State of Indiana v. John 
et al., 5 Ohio, 136.) 

Vote must be recorded, when, § 89 (§ 3982). 

§ 92. [Boards to make rules; illegal meetings.] (§ 3985.) 
The board of education of each district shall make such rules 
and regulations as it may deem necessary for its government 
and the government of its appointees and the pupils of the 
schools; and no meeting of a board of education not pro- 
vided for by its rules or by law shall be legal unless all the 
members thereof have been notified as provided for in section 
thirty-nine hundred and sevfcty-eight (§ 86). (97 v. 356.) 

Comments. Reading Bible in Public 

What are Proper Rules. Schools. 

Comments. — The act of the board of education and the 
teachers, in matters of organizing, grading and governing the 
school, will be conclusive, unless the power is abused or per- 
verted under some apparently reasonable pretense. (23 Pick., 
224; 2 Cush., 198.) 



113 PROPER RULES, ETC. § 92 

It is competent for boards of directors to provide rules 
that pupils may be suspended from the schools in case they 
shall be absent or tardy, except for sickness or other unavoid- 
able cause, a certain number of times within a fixed period. 
(31 Iowa, 562.) 

"In the school room the teacher has the exclusive control 
and supervision of his pupils, subject only to such regulations 
and directions as may be prescribed or given by the school 
board." (Barden School Law.) 

Children on their way to and from school are under the 
control of their teacher. (43 Bull., 12.) 

As the act authorizing the board to make rules does not pro- 
vide how they shall be enforced, the board has discretionary 
power over the subject. A rule that a pupil not prepared 
with a rhetorical exercise should be suspended unless excused 
for cause is reasonable. Neither the board nor the teacher 
suspending a pupil under such rule is liable for damages. 
(Sewell V. Bd. of Education, etc., 29 0. S., 89.) 

The rules must not be inconsistent with section 3982. (Bd. 
of Education v. Best, 52 0. S., 138, 149.) 

See State ex rel. v. Board of Education of Cleveland et al., 2 C. C, 
510, under section 4020-14 (§214). 

If a deliberate body adopts rules, but no rules for sus- 
pending a rule, a suspension can not be by a bare majority, 
for the rule would then have no force as a rule. (State ex 
rel. V. B'd of Education of Cleveland et al., 2 C. C, 510, 517.) 

Corporal punishment may be inflicted if such are the rules 
of the school, and an unknown predisposition to certain dis- 
eases will not make an otherwise proper punishment tortuous. 
(Quinn v. Nolan, 4 Bull. 81.) 

A reporter is on the floor of a school board as a privilege and 
not as a right, a gallery being provided for the rest of the 
public, and the board may expel him. That he was on the 
floor by a rule of the board, and that another rule changing 
the rule can not be had without laying over for a meeting, 
is an objection on a point of order which persons not members 
can not avail themselves of. (Robert Corre, Plaintiff in Error, 
V. The State of Ohio, Defendant in Error, 9 Bull., 242.) 

A court may review the action of a board and pass upon 
the reasonableness of any of its rules, but if they have erred, 
while discharging their duty in good faith, they are not liable 
to action therefor. (32 Vermont 224.) 

What are Proper Rules. — In other states it has been 
held that the officers may prescribe necessary rules for clas- 
sification of pupils as to studies they are following, and pro- 
motion, but can not expel for refusing to study a required 



§ 92 GUIDE FOE OHIO SCHOOL OFFICERS. 114 

branch that conld be omitted, without interfering with the 
classes, where the parent demands that it be omitted, and 
where they refused to admit a pupil to the high school unless 
he complied with rules as to course of studies, the request 
by parent as excusing him from grammar recitals should have 
been followed. (Trustees v. People, 87 111., 303.) 

Where book-keeping was not one of the branches required 
by law, but the board were authorized to have higher branches 
taught than those enumerated, and where a scholar refused 
to pursue that study and was rejected forcibly from the 
building, she was awarded damages. (Rulison v. Porb, 79 111., 
567.) 

A rule barring the doors of school houses against little chil- 
dren coming from a great distance in winter, for being a few 
minutes tardy, is unreasonable and unlawful. (Thompson v. 
Beaver, 63 111., 350.) 

A rule suspending pupils for absence for six half-days with- 
out a valid excuse is a reasonable rule. (Churchill v. Fenke 
(111.), 13 Brad., 520; King v. Jeff. Sch., etc., 71 Mo., 628.) 

A student may be required to submit to any proper rule 
necessarv for the good government of the school. (State v. 
White, 82 Ind., 286.) 

The teacher has no right to enforce same by beating him 
for not studying certain branches ; the proper remedy is ex- 
pulsion. (State V. Mizner, 50 Iowa, 152.) 

Expelling a boy because he accidentally broke a window 
playing ball, and did not pay for it as required by a rule of 
the directors, was not upheld. (Perkins v. Directors, 56 Iowa, 
152.) 

Expulsion for being tardy is a proper rule. (Bendick v, 
Babcock, 31 Iowa, 562; Russell v. Lynnfield, 116 Mass., 366.) 

Expelling a Catholic scholar for not complying with a rule 
which required the use of the Bible in the school was sus- 
tained. (Donahue v. Richards, 38 Me., 379.) 

Regulations forbidding the attendance of immoral or licen- 
tious persons can be enforced, although the conduct of such 
persons mav be proper while at school. (Sherman v. Charles- 
town, 8 Cush., 160.) 

Where the pupil refused to obey the rule, that the school 
should be opened by prayer and reading from the Bible, and 
that during prayer and reading from the Bible the pupils 
should bow their heads, but might be excused at request of 
the parent, and a pupil was expelled for refusing, and his 
parent refused to request his being excused, his expulsion was 
sustained. Spitler v. Woburn, 12 Allen, 127.) 

Where the board fails to record the rules it will not render 
them void. (Russell v. Lynnfield, 116 Mass. 365.) 

A rule prohibiting an expelled student from attending pub- 



115 READING BIBLE IN PUBLIC SCHOOLS. § 92 

lie exhibitions given at the normal schools of the state is 
tyrannical, and can not be enforced if the party conducts 
himself properlv at the exhibitions. (Hughes v. Goodell (Pa.), 
3 Pitts. R., 264.) . 

A teacher suspending a pupil for using tobacco in viola- 
tion of a rule adopted by the teacher, the directors objecting 
to the rule and discharged the teacher, the court upheld the 
board, they only having the power to suspend, the teacher 
could only suspend temporarily. (Parker v. Sch. Dist., 5 Lea 
(Tenn.), 525.) 

"Where Catholic parents requested permission of their chil- 
dren to be absent on Catholic holidays, the rule of the com- 
mittee suspending for absence was sustained. (Ferriter v. 
Tyler, 48 Vt., 444.) 

Where the teacher required the pupil to write English com- 
positions and suspended for not complying with the rule, 
he was sustained. (Guernsey v. Pilkin, 32 Vt. 226.) 

In another case where parent asked teacher to excuse child 
from studying geography and teacher punished the child for 
compl.ying with request, it was held that she exceeded her 
authority. (Morrow v. Wood, 25 Wis. 59.) 

The court deelined to follow this case in Kidder v. Chellis, 
59 N. H., 473. 

Where the school board was opposed to secret fraternities, 
and passed a rule that all students who should thereafter be- 
come members of any high school fraternity should be de- 
nied all the privilges of the high school except the class- 
room, such a rule was upheld as being within the power of 
the board. (Wayland v. Board of School Directors, 86 Pac. 
Rep. (Wash., 1906), 642.) 

Reading Bible in Public Schools.— It has been seriously 
contended that a rule requiring the reading of the Bible and 
offering prayer conflicted with the constitutional rights of the 
individual. This question was directly before the common 
pleas court of Mahoney county, and it was there held such a 
rule was valid and did not interfere with any constitutional 
rights of the individual. (J. B. Nessle v, R. W". Hain, 1 N. P., 
140.) 

It has never come directly before our supreme court. In 
The Board, etc., v. Minor, 23 0. S., 211, it was held that the 
board could prohibit its use, because the legislature had 
placed the management of the public schools in the board of 
education, etc., and that the Constitution of the state does 
not enjoin or require the reading of religious books or relig- 
ious instructions in the public schools. The briefs and opin- 
ion in this case are very interesting reading. 

This matter has recently been thoroughly gone over by 
the decision of the supreme court of our sister state. Ken- 



§ 92 GUIDE FOR OHIO SCHOOL OFFICERS. 116 

tucky, in which all the eases are reviewed. In this case, Hack- 
ett V. Brookville, decided May 31, 1905, the judge (O'Rear) 
says : 

''J., appellant, who resides in the town of Brooksville, and 
has children attending the Brooksville graded common school, 
brought this suit against the trustees and teachers of the 
school, seeking an injunction against the use of the English 
translation of the Bible, known as the 'King James' or 'Au- 
thorized Edition,' and to prevent the teachers from opening 
the school with prayers or songs alleged to be of a denomi- 
national character. On full hearing the injunction was de- 
nied, and the petition dismissed. 

''To get at the exact question presented for decision on this 
appeal, we will eliminate the allegation concerning worship 
of God by singing of sectarian songs. There was no proof 
whatever that any songs of any kind had been sung during 
the school year in which the suit was brought, nor was it 
either required or permitted. Whether it was permissible 
to have sung the songs complained of is not, therefore, a mat- 
ter considered by the court. 

"Appellant invokes section 189 of the Constitution of Ken- 
tucky, and section 4368, Ky. St. 1903, which read as follows: 
" 'No portion of any fund or tax noAV existing, or that may 
hereafter be raised or levied for educational purposes, shall 
be appropriated to, or used by, or in aid of any church, sec- 
tarian or denominational school.' (Section 189, Const.) 

" 'No books or other publications of a sectarian, infidel or 
immoral character, shall be used or distributed in any com- 
mon school ; nor shall any sectarian, infidel or immoral doc- 
trine be taught therein.' (Section 4368, Ky. St. 1903.) 

"The Brooksville graded common school is maintained by 
the state by the imposition of taxes. It is open alike to all 
white children within certain ages who or whose parents are 
residents of the district. It is in no sense a sectarian church 
or denominational school. Section 189 of the Constitution was 
aimed not to regulate the curriculum of the common schools 
of the state, but to prevent the appropriation of public money 
to aid schools maintained by any church or sect of religion- 
ists. If the constitution deals directly with the question of 
compulsory worship, it is in section 5, which reads as fol- 
lows: 'No preference shall ever be given by law to any re- 
ligious sect, society or denomination; nor to any particular 
creed, mode of worship or system of ecclesiastical polity; nor 
shall any person be compelled to attend any place of worship, 
to contribute to the erection or maintenance of any such place, 
or to the salary or support of any minister of religion; nor 
shall any man be compelled to send his child to any school to 
which he may be conscientiously opposed ; and the civil rights, 



117 PRAYER IN PUBLIC SCHOOIS. § 92 

privileges or capacities of no person shall be taken away, or 
in any wise diminished or enlarged, on account of his belief 
or disbelief of any religious tenet, dogma, or teaching. No 
human authority shall, in any case whatever, control or inter- 
fere with the rights of conscience.' If, under the guise of 
public instruction, children should be required to attend 
schools where worship of God was compulsory, it would seem 
to be within the prohibition of that section. "We find from 
the evidence in this case that while chapters of passages 
from the Bible (King James translation) were read, and pray- 
ers were offered by the teachers at the opening of the school 
each morning, appellant's children, who are members of the 
Eoman Catholic Church, were not required to attend during 
those exercises, nor were they or others who were conscien- 
tiously opposed to doing so required to participate in them. 

"Two questions are presented by the record for decision: 
(1) Does the offering of prayer to God in opening school, such 
as was offered in the Brooksville school, make that school a 
'sectarian school,' within the meaning of section 189 of the 
Constitution? (2) Is the King James translation of the Bible 
a 'sectarian book' within the meaning of section 4368, Ky. 
St.? 

"The prayer that was offered, and which it is urged converted 
the school into a sectarian school, is as follows: 'Our Father 
who art in heaven, we ask Thy aid in our day's work. Be with 
us in all we do and say. Give us wisdom and strength and 
patience to teach these children as they should be taught. 
May teacher and pupil have mutual love and respect. Watch 
over these children, both in schoolroom and on the playground. 
Keep them from being hurt in any way, and at last, when 
we come to die, may none of our number be missing around 
Thy throne. These things we ask for Christ's sake. Amen." 
It has not been pointed out to us wherein the prayer quoted 
is sectarian in its construction. The Rev. Father James A. 
Cusack, a witness for appellant, asseverates that, in his opinion, 
it is sectarian. But he admits that there is nothing in it 
repugnant to the doctrines of his religious belief (Roman 
Catholic). Nor does he claim that it is promulgated, author- 
ized or used by any sect of religionists whatever. As neither 
the form nor substance of the prayer complained of seem to 
represent any peculiar view or dogma of any sect or denomi- 
nation, or to teach them, or to detract from those of any 
other, it is not sectarian, in the sense that the word is com- 
monly used and understood, and as it was evidently intended 
in the section quoted. The constitutional convention, in fram- 
ing the organic law for all the people of the state, must be 
presumed to have used ordinary words, not according to the 
peculiar views of a few, but as generally used. The word 



§ 92 GUIDE FOR OHIO SCHOOL OFFICERS. 118 

'sectarian,' from the connection in which it is nsed, can not 
be given the construction contended for by appellant, which 
seems to be that any form of prayer not authorized by a par- 
ticular church is sectarian. 

"Though it be conceded that any prayer is worship, and 
that public prayer is public worship, still appellant's children 
were not compelled to attend the place where the worshiping 
was done during the prayer. The school was not 'a place of 
worship,' nor are its teachers 'ministers of religion,' within 
the contemplation of section 5 of the constitution, although a 
prayer may be offered incidentally at the opening of the school 
by a teacher. Meetings of the General Assembly are opened 
by prayer, and other state institutions authorize the worship of 
God. They have never been regarded as fostering sectarian 
teachings. The complaint in this case goes only to the sec- 
tarian feature of the exercises, not because they were religious. 
It is not contended that it was the purpose of the Constitu- 
tion to prevent worship, nor to prevent teachers in the public 
schools from assuming worshipful relations. The great aim 
was to keep Church and State forever separate as distinct in- 
stitutions; to prevent the government of one from assuming 
rightful control of the government of the other. Nor is it clear 
that it was intended to keep religion out of the school, though 
it is apparent that one aim, at least, was to keep the 'church' 
out. The question is not presented, and is not, therefore, de- 
cided, whether any exercise which partakes incidentally of 
worship is prohibited. 

"The main question, we conceive to be, is the King James 
translation of the Bible, or, for that matter, any edition of 
the Bible, a sectarian book? There is, perhaps, no book that 
is so widely used and so highly respected as the Bible ; no 
other that has been translated into as many tongues ; no other 
that has had such marked influence upon the habits and life 
of the world. It is not the least of its marvelous attributes 
that it is so catholic, that every seeming phase of belief finds 
comfort in its comprehensive precepts. Many translations of 
it, and parts of it, have been made from time to time, since 
two or three centuries before the beginning of the Christian 
era. And since the discovery of the art of printing and the 
manufacture of paper in the sixteenth century, a great many 
editions of it have been printed. There is controversy over 
the authenticity of some parts of some of the editions. And 
there are some people who do not believe that any of it is 
the inspired or revealed word of God. Yet it remains that 
civilized mankind generally accord to it a reverential regard, 
while all who study its sublime sentiments and consider its 
great moral influence must admit that it is, from any point 
of view, one of the most important of books. That it has 



119 READING BIBLE IN PUBLIC SCHOOLS. § 92 

drawn to its careful study and research into its history and 
translations so many profound scholars of history, is not 
to be wondered at. The result has been that, while many edi- 
tions of the several translations have been made, those based 
upon the revision compiled under the reign of King James I, 
1607-1611, and very generally used by Protestants, and the 
one compiled at Douay some time previous, and which was 
later adopted by the Roman Catholic Church as the only au- 
thentic version, are the most commonly used in this country. 
That the Bible, or any particular edition, has been adopted by 
one or more denominations as authentic, or by them asserted 
to be inspired, can not make it a sectarian book. The book 
itself, to be sectarian, must show that it teaches the peculiar 
dogmas of a sect as such, and not alone that it is so compre- 
hensive as to include them by the partial interpretation of its 
adherents. Nor is a book sectarian merely because it was 
edited or compiled by those of a particular sect. It is not the 
authorship nor mechanical composition of the book, nor the 
use of it, but its contents, that give it its character. Appel- 
lant's view seems to be that the church is the custodian and 
interpreter of the Bible as God's word. From that it is sup- 
posed that any Bible not put forth by authority of a church 
claiming that prerogative is sectarian. The question is not 
whether the version used is canonical or apocrj^phal. That 
question does not at all enter into the matter. Otherwise it 
would inevitably lead to the state that any book not favored 
by some church authority, or which may be supposed by it 
to be hostile to its teachings, would be sectarian. In that way 
the authority of a church could largely control the course of 
study in the public schools by issuing its bull against certain 
scientific or moral treatises as being atheistic or heretic. The 
very mischief aimed at by the framers of the Constitution 
and by the people adopting it would thus be accomplished, 
viz., the interference in matters of state by the church. 

If the legislature or the constitutional convention had in- 
tended that the Bible should be proscribed, they would simply 
have said so. The word 'Bible' is shorter and better under- 
stood than the word 'sectarian.' It is not conceivable that, if 
it had been intended to exclude the Bible from public schools, 
that purpose would have been obscured within a controversial 
word. Nor can we conceive that under the American system 
of providing thorough education of all the youth, to fit them 
for good citizenship in every sense, the legislature or the con- 
stitutional convention could have intended to exclude from 
their course of instruction any consideration of such a work 
whose historical and literary value, aside from its theological 
aspects, would seem to entitle it to a high place in any well- 
ordered course of general instruction. The history of a re- 



§ 92 GUIDE FOR OHIO SCHOOL OFFICERS. 120 

ligion, including its teachings and claim of authority — as, for 
example, the writings of Confucius or Mahomet — might be 
profitably studied. Why may not also the wisdom of Solomon 
and the life of Christ? If the same things were in any other 
book- than the Bible, it would not be doubted that it was with- 
in the discretion of the school boards and teachers whether 
it was expedient to include them in the common school course 
of study without violating the impartiality of the law concern- 
ing religious beliefs. The objection does not appear to be to 
the matter. It is to the publication. 

"A learned witness for appellant, who gives it as a matter 
of religious belief and teaching, says that the church is the 
interpreter of the Bible, but that the Protestants teach on the 
contrary that every one is his own interpreter. The consitu- 
tion may be said to teach, too, that every one is his own 
interpreter, for it guarantees that every one may worship 
God (which is supposed to include the study of His revealed 
word) according to the dictates of his own conscience. Chil- 
dren are taught the Constitution in common schools. May it 
not be said, then, with equal force that to teach the Constitu- 
tion, which itself teaches the right of perfect freedom in the 
worship of God, is sectarian, because some sect might deny 
that it was right to teach the children to worship God in any 
way except according to the teachings of that particular sect? 
Milton, Newton, Galileo, as well as Wicldiffe, Whittingham and 
Tyndale, came under the bans of the church. The philosophy 
and the writings of these great thinkers, wherein they do not 
teach sectarianism, may be used in the public schools, and in 
some part are so used, in spite of the fact that at one time 
they were believed to be hostile to God's revlations as inter- 
preted by the church. This same question in one form or 
another has come before the courts of the country a number 
of times. It has not been so free from doubt that the conclu- 
sions of the judges have always been harmonious. This has 
been in part owing to the differing expressions of the con- 
stitutions and statutes being interpreted. While allowing that 
because of those differences in language the opinions may not 
appear to be precisely in point, yet they reflect the drift of 
judicial opinion in this country, so far as it has been expressed, 
concerning the main idea — whether the Bible is a sectarian 
book. Likewise whether it may be read in public schools at 
all. While some of the constitutions construed in terms pro- 
hibit the use of sectarian books in public schools, yet, inde- 
pendent of those provisions, it seems to be generally conceded 
that to teach sectarianism in a public school should be viola- 
tive of religious freedom, which is guaranteed by every Con- 
stitution. With this explanation we will briefly review the 
decisions bearing on the subject. 



121 READING BIBLE IN PUBLIC SCHOOLS, § 92 

''One of the earliest casas, celebrated for the great learning 
displayed, as well as by the distinguished ability of the judge 
who wrote the opinion, is Vidal v. Girard's Executor, 2 How. 
(U. S.), 127; 11 L. Ed., 205, opinion by Mr. Justice Story. The 
question for decision, so far as it bears on this case, was 
whether a charitable bequest of the late Stephen Girard, es- 
tablishing a college, prohibited the teaching of Christianity to 
its pupils. The will contained this restrictive clause: 'I en- 
join and require that no ecclesiastic, missionary, or minister 
of any sect whatever, shall ever hold or exercise any station 
or duty whatever in said college ; nor shall any such person 
ever be admitted for any purpose, or as a visitor, within the 
premises appropriated to the purposes of said college." The 
intention of the testator, so far as it is not unlawful, was as 
the law of the case. The question was, did he intend to ex- 
elude the teachings of Christianity or its being taught by the 
clergy? The testator himself furnished this key to his thought 
(page 133 of 2 How. [11 L. Ed. 205]) : 'In making this re- 
striction I do not mean to cast any reflection upon any sect 
or person w^hatsoever; but, as there is such a multitude of 
sects and such a diversity of opinion amongst them, I desire to 
keep the tender minds of the orphans, who are to derive ad- 
vantage from this bequest, free from the excitement which 
clashing doctrines and sectarian controversy are so apt to pro- 
duce ; my desire is that all the instructors and teachers in the 
college shall take pains to instill into the minds of the scholars 
the purest principles of morality so that, in their entrance 
into active life, they may, from inclination and habit, evince 
benevolence toward their fellow-creatures, and a love of truth, 
sobriety and industry, adopting at the same time such religious 
tenets as their matured reason may enable them to prefer.' 
It would be difficult to express a more fitting description of 
the underlying principles of our government in its treatment 
of the subject of public education. In construing those pro- 
visions of the will which we have quoted as bearing particu- 
larly on the subject whether the Bible and its teachings might 
be employed in the college by lay teachers, the court said: 
'Why may not the Bible, and especially the New Testament, 
without note or comment, be read and taught as a Divine rev- 
elation in the college ; its general precepts expounded, its evi- 
dences explained, and its glorious principles of morality in- 
culcated? What is there to prevent a work, not sectarian, up- 
on the general evidence of Christianity, from being read and 
taught in the college by lay teachers? Certainly there is 
nothing in the will that prescribes such studies. Above all, 
the testator positively enjoins 'that all the instructors and 
teachers in the college shall take pains to instill into the minds 
of the scholars the purest principles of morality, so that, on 



§ 92 GUIDE FOR OHIO SCHOOL OFFICERS. 122 

their entrance into active life, they may, from inclination and 
habit, evince benevolence towards their fello^^creatures, and 
a love of truth, sobriety and industry, adopting at the same 
time such religious tenets as their matured reason may en- 
able them to prefer.' Now, it may be asked, What is there in 
all this, which is positively enjoined, inconsistent with the 
spirit of truths of Christianity? Are not these truths all 
taught by Christianity, although it teaches much more ? Where 
can the purest principles of morality be learned so clearly or 
so perfectly as from the New Testament? Where are benev- 
olence, the love of truth, sobriety and industry so powerfully 
and irresistibly inculcated as in the sacred volume? The 
testator has not said how these great principles are to be 
taught, or by whom, except it be by laymen, nor what books 
are to be used to explain or enforce them. All that we can 
gather from his language is that he desired to exclude sec- 
tarians and sectarianism from the college, leaving the instruc- 
tors and officers free to teach the purest morality, the love of 
truth, sobriety and industry, by all appropriate means, and, of 
course, including the best, the surest and the most impressive. 
Two points are emphasized by the reasoning of the learned 
judge: (1) That it was sectarianism that was prohbited, and 
(2) that the Bible is not a sectarian book — which are the two 
points most prominent in this case. 

''Donahue v. Eichards, 38 Me., 379, 61 Am. Dec, 256, was an 
action against a school board for expelling a pupil who re- 
fused to read the English version of the Bible, that book hav- 
ing been adopted by the board as one to Ibe used by the 
pupils in the course of the school work. We note that counsel 
for appellee contends that this case ought not to be regarded 
as authority, because there was neither statute nor constitu- 
tional prohibition on the subject of sectarian teaching. Yet 
the court held that* 'The common schools are not for the 
purpose of instruction in the theological doctrines of any re- 
ligion or of any sect. The state regards no sect as superior to 
any other, . . . and, if the tenet of any particular sect 
were so taught, it would furnish a well-grounded cause of 
complaint on the part of those who entertained different or 
opposing religious sentiments.' The court held that the King 
James translation of the Bible was not a sectarian book. It 
was said: 'The Bible was used merely as a book in which 
instruction in reading was given. But reading the Bible is 
no more an interference with religious belief than would read- 
ing the mythology of Greece or Eome be regarded as interfer- 
ing with religious belief or an affirmance of the Pagan creeds. ' 

"In Spiller v. Inhabitants of Woburn, 12 Allen (Mass.), 127, 
it was held that the public school committee did not exceed 
their authority in passing an order that the Bible should be 



123 REx\DING BIBLE IN PUBLIC SCHOOLS. § 92 

read at the opening of the schools on the morning of each day. 
'No more appropriate method could be adopted,' said the 
court, 'of keeping in mind of both teachers and scholars that 
one of the chief objects of education, as declared by the stat- 
utes of this commonwealth, and which teachers are especially 
enjoined to carry into effect, is to impress on the minds of 
children and youth committed to their care and instruction the 
principles of piety and justice, and a sacred regard for truth.' 

"It is not deemed necessary in this state to define by statute 
now the purposes of public education. They are at least as 
broad as the broadest under any similar system in use in any 
of the states. 

"Pfeiffer v. Board of Education of District, 118 Mich., 560, 
77 N. W. Rep., 250, 42 L. R. A., 536, was an application to the 
court to. compel the board of education to discontinue the use 
of a certaiii book known as 'Readings from the Bible' in the 
public schools of Detroit. The Constitution and laws of Mich- 
igan on the subject of religious freedom are substantially as 
are ours, save there M^as no express inhibition of sectarian in- 
struction in public schools. The question decided by the court 
was that Readings from the Bible, though it was used as a 
text-book in the school, did not violate constitutional provisions 
guaranteeing to every one the right to worship Almighty God 
according to the dictates of his own conscience ; nor was it a 
compulsion of any person to attend or support any place of 
religious worship, or to pay taxes to any minister of the gospel 
or teacher of religion ; nor was it an appropriation of the pub- 
lic money for the benefit of any religious sect or society; nor 
was it a diminution of the civil rights of any person on account 
of his religious belief. One judge dissented from the opinion 
of the court. 

"In Moore v. Monroe, 64 Iowa, 367, 20 N. W. Rep. 475, 52 
Am. Rep. 444, it was shown that the teachers of the school were 
accustomed to occupy a few minutes each morning in reading 
selections from the Bible, in repeating the Lord's Prayer and 
singing religious songs. The plaintiff had two children in the 
school, but they were not required to be present during the 
time thus occupied. A statute of that state provided: 'The 
Bible shall not be excluded from any school or institution in 
this state, nor shall any pupil be required to read it contrary 
to the wishers of his parent or guardian.' The Constitution 
of the state prohibited the legislature from passing any law 
interfering with the free exercise of religious M^orship, or com- 
pelling any person to pay taxes to support any religion, or for 
building any place of worship, or the maintenance of any 
ministry. The plaintiff's contention was that by the use of the 
school house as a place for reading the Bible, repeating the 
Lord's Prayer and singing religious songs, it was made a place 



§ 92 GUIDE FOR OHIO SCHOOL OFFICERS. 124 

of worship ; that his children were compelled to attend a place 
of worship, and he, as a taxpayer, was compelled to aid in 
building and repairing a place of worship. The court held 
that the statute did not have any of the effects claimed by 
the plaintiff. In the absence of such a statute, a rule of the 
school board to the same effect could not, of course, violate 
the same constitutional principles, if the statute would not have 
done so. 

"The supreme court of Illinois, in McCormick v. Burt, 95 111., 
263, 35 Am. Rep., 163, held that a rule of the directors of a 
public school requiring the reading of a King James edition of 
the Bible for fifteen minutes each morning, at which, however, 
no one was required to be present or to participate in, was not 
unconstitutional as interfering with the religious conviction 
of the plaintiff and his father, who were patrons of the school, 
and Roman Catholics. 

In none of the states from which the foregoing opinions 
have been cited was there an express prohibition of the use of 
sectarian books. Still in all of them there was the familiar 
and fundamental constitutional provision guaranteeing relig- 
ious freedom, which would have been violated as was held in 
every intsance, either in terms or by necessary implication, by 
the teaching of sectarian doctrines. That such would have 
been the result of such teaching seems to us to perfectly obvi- 
ous. In the very learned and exhaustive note by Judge Free- 
man to County of Cook v. Industrial School, 8 Am. St. Rep., 
386 (case reported in 125 111., 540, 18 N. E. Rep., 283, 1 L. R. A., 
437), it is shown that the Constitution of twenty-four states 
contain provisions prohibiting the payment of moneys or any 
apropriation or grant for the support, benefit, or in aid of 
sectarian schools. The editor, commenting on the constitu- 
tional provisions mentioned, and others where they are silent 
upon the matter of sectarianism, sa^^s: 'In view of the above 
decisions and constitutional provisions, we conclude that the 
words used in the several Constitutions, in point, where the 
language does not expressly so indicate, must have been in- 
tended by the people who ratified them to provide against the 
promulgation or teaching of the distinctive doctrines, creeds, 
or tenets of any particular Christian or other religious sect 
in schools or institutions where such instruction was to be 
paid for out of the public funds, or aided by such funds or by 
public funds, or aided by such funds or by public grants, and 
that a school or institution is sectarian when the doctrines 
or tenets of some particular faith, sect, or religion are taught to 
the exclusion of others; and especially so where the school or 
institution has a distinctive or strict denominational name de- 
scriptive or indicative of the fundamental doctrines of the sect 
to which it belongs; or where a school or institution is under 



125 READING BIBLE IN PUBLIC SCHOOLS, § 92 

the exclusive control of a sect, having such name, and by a 
course of instruction excluding all others, seeks to inculcate 
its tenets alone, it is then sectarian ; and it makes no difference 
that pupils of all sects, denominations and religious beliefs, or 
those of no beliefs, are permitted the advantages of such school 
or institution. It is what is taught that is the determining fac- 
tor.' 

"This brings us to the consideration of the authorities relied 
on by appellant. 

"State v. District Board of School District, No. 8, of the 
City of Edgerton, 76 Wis., 177, 44 N. W. Rep., 967, 7 L. R. 
A., 330, 20 Am. St. Rep., 41, is the pricipal case cited. The 
questions there presented were whether the reading of select- 
ed portions of the King James translation of the Bible during 
school hours violated the rights of conscience, compelled com- 
plainants to aid in support of a place of religious worship, 
and was sectarian instruction. All three propositions were 
in the affirmative. The decision is apparently against the 
weight of authority. The court seemed to realize as much, 
if they should be regarded as all bearing on the same prin- 
ciple. Speaking of them, but not discussing them in detail, 
the court said: 'A number of cases in different states, sup- 
posed to have a bearing upon the main question here con- 
sidered and determined (to wit, whether the King James 
version of the Bible is a sectarian book), have been cited, 
and quotations made therefrom at considerable length by 
the respective counsel and by the circuit judge overruling the 
demurrer to the answer. None of the states in which those 
decisions were made seem to have in their Constitutions a di- 
rect prohibition of sectarian instruction in the public schools. 
It is believed that this state was the first which expressly 
embodied the prohibition in its fundamental law, and we are 
not aware of any direct adjudication of the question under 
consideration.' The court seems to turn the ease upon the 
fact that the King James version, 'the whole of it,' was 
used as a reading book in the school. The opinion admits 
that text-books founded upon or containing extracts from 
the Bible might be properly used. It was even said: 'The 
constitutional prohibition of sectarian instruction does not 
include them, even though they may contain passages from 
which some inferences of sectarian doctrine might possibly 
be drawn. Furthermore, there is much in the Bible which 
can not justly be characterized as sectarian. There can be 
no valid objection to the use of such matter in the secular 
instruction of the pupils. Much of it has great historical 
and literary value, which may be thus utilized without vio- 
lating the constitutional prohibition. It may be used to incul- 
cate good morals — that is our duty to each other — which may 



§ 92 GUIDE FOR OPIIO SCHOOL OFFICERS. 126 

and ought to be inculcated by the district schools. No more 
complete code of morals exists than is contained in the New 
Testament, which reaffirms and emphasizes the moral obli- 
gations laid down in the Ten Commandments.' With pro- 
found respect to the supreme court of -Wisconsin, we are 
nevertheless unable to see how its position can be main- 
tained logically. For it takes no notice of the conscientious 
conviction of the Jews, or non-believers, any of whom may 
have as valid objection to the use of aijy part of the New 
Testament as Eoman Catholic citizens have to the King 
James version. It seems to narrow the question down to 
matter of canonical approval of the printed volumes. The 
court does not attempt to argue, nor do we see how it could 
be maintained, that that fact alone could make a book sec- 
tarian which in its matter was not inherently so. 

"The next case is State of Nebraska ex rel. Freeman v. 
Sehere, 91 N. W. Rep., 846, 93 N. W. Rep., 169, 59 L. R. A., 
927. The Constitution of Nebraska provides: "No sectarian 
instruction shall be allowed in any school or institution sup- 
ported in whole or in part, by the public funds set apart for 
educational purposes. The action complained of was the 
reading of sections and extracts from the 'King James Ver- 
sion or translation of the Bible.' and the signing of certain 
religious and sectarian songs, and the offering of prayer 
to the Deity. The court said: 'We do not think it wise or 
necessary to prolong a discussion of what appears to us an 
almost self-evident fact — that exercises such as are com- 
plained of by the relator in this case both constitute religious 
worship and are sectarian in their character, within the 
meaning of the Constitution. Nor do we feel inclined to 
make what might be looked upon as a spurious exhibition 
of learning by quoting at length from the many judicial deci- 
sions and utterances of eminent men in this country concern- 
ing the subject. Perhaps the case most nearly in point, be- 
cause of similarity both of facts involved and constitutional 
enactments construed to the case at bar, is State ex rel. 
Weiss V. District Board, 76 Wis., 177. 44 N. W. Rep., 967, 
7 L. R. A., 330, 20 Am. St. Rep., 41.' It is undeniably the 
peculiar province of the Supreme Courts of the states to 
place final authorative construction upon the Constitutions 
of their respective states in matters involving solely their 
internal policy. Whether the reasons given by the court are 
sound are not, is not material as affecting the binding force 
of the construction upon citizens and others whose actions 
come up for consideration by the government of that state. 
But where the opinion is cited abroad as persuasive argu- 
ment why its conclusions should be elsewhere adopted, it is 
of the first importance that its reasoning should be sound. 



127 READING BIBLE IN PUBLIC SCHOOLS. § 92 

That similar provisions, or the same principle of law have fre- 
quently come before other high courts of last resort, and been 
by them decided in a certain way, is a fact that can not safely 
be ignored. It is more than likely that a general concurrence 
of judicial opinion on the same subject is apt to be right. 
Due deference to the enlightened judgment of the learned 
profession of law, and to all concerned, leave no alternative 
but to consider all that has been said by courts of equal rank 
upon the subject of such universal importance as to have 
been incorporated in some form in every constitution of the 
states of America. Two of the judges of the Supreriae Court 
of Nebraska confined their concurrence to the point of 'sec- 
tarian instruction.' On petition for rehearing the chief 
justice filed a response on behalf of the court. The only case 
admitted to have a direct bearing on the question opposing 
the court's conclusions was the Michigan case cited above. 
But we observe what appears to us to be a modification of 
the original opinion in parts of the response. After point- 
ing out that there are admittedly verbal differences between 
the King James and the Douay translations of the Bible, which 
some sectarians regard as material, the court said: 'But the 
fact that the King James translation may be used to incul- 
cate sectarian doctrines affords no presumption that it will 
be so used. The law does not forbid the use of the Bible in 
either version in the public schools. It is not proscribed either 
by the Constitution or the statutes, and the courts have no 
right to declare its use to be unlawful because it is possible or 
probable that those who are privileged to use it will misuse the 
privilege by attempting to propagate their own peculiar the- 
ological or ecclesiastical views and opinions. The point where 
the courts may rightfully intervene, and where they should 
intervene without hesitation, is where legitimate use has degen- 
erated into abuse — where a teacher employed to give secular 
instruction has violated the constitution by becoming a 'sec- 
tarian propagandist. . . . The section of the Constitution 
which provides that "no sectarian instruction shall be allowed 
in any school or institution supported, in whole or in part, 
by the public funds set apart for educational purposes," can 
not under any canon of construction with which we are ac- 
quainted, be held to mean that neither the Bible nor any part 
of it, from Genesis to Revelation, may be read in the educa- 
tional institutions fostered by the state. The court also wisely 
noted that sectarian instruction might occur from frequently 
reading, even without note or comment, of 'judiciously selected 
passages,' and observed that whether such practices existed 
as amounted to sectarian instruction must be determined upon 
the facts of each particular case. We find ourselves in entire 



§ 92 GUIDE FOR OPIIO SCHOOL OFFICERS. 128 

accord with the views quoted above from the response of the 
Nebraska Supreme Court. 

"In Board of Education v. Minor, 23 Ohio St., 211, 13 Am. 
Rep., 233, the only question presented or decided was 
whether the school board might not prohibit the reading of 
the Bible in the public schools. It was held that they could; 
that nothing in the laws of that state made it compulsory upon 
the boards or teachers to use the Bible as a text book. 

"We believe the reasons and weight of the authorities sup- 
port the view that the Bible is not of itself a sectarian book, 
and, when used merely for reading in the common schools, 
without note or comment by teachers, is not sectarian instruc- 
tion, nor does such use of the Bible make the school house 
a house of religious worship. 

"The judgment of the circuit judge, having been in accord 
herewith, is affirmed. 

"Cantrill, J., absent, 

"Note — [In. Cent. Law Journal, vol. 61, 1, 55]. The Weight 
vf Opinion is to the Effect that the Beading of Portions of the 
Bible and Singing of Religions Songs at the Opening of a Pub- 
lic School is not in Violation of Article 1, Section 3, of the Bill 
of Bights, in Begard to the Establishment of Beligion in Sup- 
port of Worship by Taxation. — Children are not required to be 
present at these exercises. For this reason, an injunction was 
refused, asking that such exercises be restrained. Moore v. 
Monroe, 64 Iowa, 367, 20 N. W. Eep. 475. 

"In Massachusetts the school committee of a town have the 
legal power to pass a rule requiring the schools to be opened 
by reading the Bible and prayer every morning and that each 
child shall bow the head during the prayer, and that any 
scholar may be excused from bowing the head whose parents 
request it, and when any scholar refuses to obey the rule 
and his parents refuse to request that he be excused, the com- 
mittee may exclude such scholar from the school. 

"The reason for the rule is very clearly set forth in a recent 
Pennsylvania case entitled Hysong v. Gallitzin Borough 
School, 164 Pa. St., 629, which seems to us to carry the rule 
to the limit. A bill was filed to restrain the school directors 
of Gallitzin Borough School District, from permitting sec- 
tarian teaching in the common schools of the borough and 
from employing as teachers sisters or members of the order 
of St. Joseph, a religious society of the Roman Catholic 
Church. The court found that there was no evidence of any 
religious instruction or religious exercises of any character 
whatever during school hours. But the court found that after 
school hours the school room was used by the teachers in im- 



129 READING BIBLE IN PUBLIC SCHOOLS. § 92 

parting Catholic religions instrnction to children of Catholic 
parents, with the consent of or by the request of the parents. 
This the court enjoined, because.it was a use of the school 
property for sectarian purposes after school hours. 

"Of the eight teachers, six of them were sisters of a religious 
order of the Catholic Church, and while teaching wore the 
habit of the order. The learned judge of the court below 
says: 'We conclude as to this branch of the case, that, in 
the absence of proof that religious sectarian instruction was 
imparted by them during school hours, or religious sectarian 
exercises engaged in, we can not restrain by injunction mem- 
bers of the order of St. Joseph from teaching in the public 
schools in the garb of their order nor the school directors 
from employing or permitting them to act in that capacity.' 
"Which language and conclusion the Supreme Court of Penn- 
sylvania approved with the exception of Mr. Justice Williams 
who dissented in an able opinion, in the course of which, he 
stated that: 'It is a school with eight departments and a 
separate teacher for each. The eight teachers are members 
of the same church or sect. This is unusual but not unlaw- 
ful. Six of these teachers presiding over six of the depart- 
ments are nuns of the sisterhood of St. Joseph. They have 
renounced the world, their own domestic relations and their 
family names. They have also renounced their property, their 
right to their own earnings, and the direction of their own 
lives, and bound themselves by solemn vows to the work of 
the church and obedience to ecclesiastical superiors. They 
have ceased to be civilians or secular persons. They have be- 
come ecclestiastical persons known by religious names and 
devoted to religious work. 

"Among other methods by which their separation from the 
world is emphasized, and their renunciation of self and sub- 
jection to the church is proclaimed, is the adoption of a 
distinctly religious dress. This is strikingly unlike the dress 
of their sex whether Catholic or Protestant. Its use at all 
times and all places is obligatory. They are forbidden to 
modify it. Wherever they go, this garb proclaims the church, 
the order and their separation from the secular world as 
plainly as a herald could do if they were constantly attended 
by such a person.' 

"The question presented on this state of facts is whether a 
school which is filled with religious or ecclesiastical persons 
as teachers, who come to the discharge of their duties, wear- 
ing their ecclesiastical robes, and hung about with the rosaries 
and other devices peculiar to their church and order is not 
necessarily dominated by sectarian influence and obnoxious 
to the spirit of our constitutional provisions and the school 
laws. 



§ 93 GUIDE FOR OHIO SCHOOL OFFICERS. 130 

"In Wisconsin the reading of the Bible in public schools is 
regarded as unconstitutional and the withdrawal of a portion 
of the scholars during the time of the reading of the Bible 
was regarded as tending to destroy the equality and uniform- 
ity of treatment of the pupils sought to be established and 
protected by the Constitution, and the further reason given 
is, that each sect, with a few exceptions, bases its peculiar 
doctrine upon some portion of the Bible, the reading of which 
tends to inculcate those doctrines, therefore, the reading of 
the Bible is an act of worship and if allowed, the taxpayer 
would be supporting it." 

§ 93. [Board may make and enforce the rules for vaccina- 
tion.] (§ 3986.) The board of each district may make and 
enforce such rules and regulations to secure the vaccination 
of, and to prevent the spread of smallpox among the pupils 
attending or eligble to attend the schools of the districts, as in 
its own opinion the safety and interest of the public require; 
and the boards of health and councils of municipal corpora- 
tions, and the trustees of townships, shall, on application of 
the board of education of the district, provide at the public 
expense, without delay, the means of vaccination to such 
pupils as are not provided therewith by their parents or guard- 
ians. (69 V. 22, § 1.) 

Section 3986 is a valid enactment not repugnant to the Constitution 
of the State of Ohio, nor violative of the Fourteenth Amendment of 
the United States, and in the exercise of a sound discretion a Board 
of Education may exclude children not vaccinated from the schools, 
and the discretion of the board will not be interfered with unless it is 
shown clearly that it has been abused. State, ex rel., v. Bd. Ed. 
Sup. Ct, May 7, 1907. 

Such Laws Constitutional. — It has been seriously contended 
that it was not within the power of a state to pass a law 
compelling vaccination, that such laws are in derogation of 
the rights secured to all individuals by the preamble of the 
constitution of the United States and by the 14th amendment 
of the same, and especially of the clauses of that amendment, 
providing that no state shall make or enforce any law abridg- 
ing the privileges and immunities of citizens of the United 
States, nor deprive any person of life, liberty or property, 
without due process of law, nor deny to any person withm 
its jurisdiction the equal protection of the laws, and further, 
that such laws are offered in the spirit of the United States 
Constitution. . 

All these objections were recently considered by the United 
^States Supreme Court, in Jacobson v. Mass., decided Feb. 
:20, 1905, the revised laws of that commonwealth provided 
^''that the board of health of a city or town, if in its opinion 



131 VACCINATION IN SCHOOLS. § 93 

it is necessary for the public health or safety, shall require 
and enforce the vaccination and revaecination of all the 
inhabitants thereof, and shall provide them with the means of 
free vaccination. Whoever, being over twent-one years of 
age, and not under guardianship, refuses or neglects to com- 
ply w^ith such requirement shall forfeit $5.00. Acting under 
the above law the city of Cambridge, adopted the following 
resolution. 

Form of Resolution. 

Whereas, smallpox has been prevalent to some extent in the city 
of Cambridge, and still continues to increase; and, 

Whereas, it is necessary for the speedy extermination of the dis- 
ease, that all persons not protected by vaccination should be vacci- 
nated; and. 

Whereas, in the opinion of the board of public health and safety, 
require the vaccination or revaecination of all the inhabitants of Cam- 
bridge, be it ordered that all the inhabitants who have not been suc- 
cessfully vaccinated since March 1, 1897, be vaccinated or revaccinated. 

Afterwards the board adopted a resolution empowering a 
certain physician to enforce vaccination. Under these regula- 
tions and laws the plaintiff, Henning Jacobson, was arrested, 
charging him with having refused and neglected to comply 
with the same. He was convicted by the lower court, which 
was affirmed by the Supreme Court of Massachussetts, and 
then by the United States Supreme Court. In the opinion it 
is said "and the principle of vaccination as a means to pre- 
vent the spread of small-pox has been enforced in many of 
the states by statutes making the vaccination of children a 
condition of their right to enter or remain in public schools. 
Blue V. Beach, 135 Ind., 121, 50 L. R. A., 64, 80 Am. St. Rep., 
195, 56 N. E., 89; Norris v. Columbus, 102 Ga., 792, 45 L. R. 
A., 175, 66 Am. St. Rep., 243, 30 S. E. 850; State v. Hay, 
126 N. C, 999, 49 L. R. A., 588, 35 S. E., 459 ; Abel v. Clark, 
84 Cal., 226, 24 Pac. 383; Bissell v. Davisson, 65 Conn., 183, 
29 L. R. A., 251, 32 Atl., 348; Hazen v. Strong, 2 Vt. ; Duffield 
V. Williamsport, 162 Pa. St., 476, 25 L. R. A., 152, 29 Atl., 742. 

The latest case upon the subject of which we are aware 
is Viemester v. White, decided very recently by the court of 
appeals of New York. The case involved the validity of a 
statute excluding from the public schools all children who had 
not been vaccinated. One contention was that the statutes in 
question and the regulation adopted in exercise of its pro- 
visions was inconsistent with the rights, privileges and liber- 
ties of the citizen, the contention was overruled, the court 
saying, among other things, small-pox is known to all to be 
a dangerous and contagious disease. If vaccination strongly 
tends to prevent the transmission or spread of this disease, 
it logically follows that children may be refused admission to 



§ 93 GUIDE FOR OHIO SCHOOIj OFFICERS. 132 

the public schools until they have been vaccinated. The 
appellant claims that vaccination does not tend to prevent 
small-pox, but tends to bring about other diseases, and that it 
is much harm, with no good. It must be conceded that some 
laymen, both learned and untrained, and some physicians of 
great skill and repute, do not believe that vaccination 1l a pre- 
ventive of small-pox. The common belief, however, is that 
it has a decided tendency to prevent the spread of this fearful 
disease, and to render it less dangerous to those who con- 
tract it. While not accepted by all, it is accepted by the 
mass of the people, as well as by most members of the medical 
profession. It has been general in our state, and in most 
civilized nations for generations. It is generally applied in 
practice both by the voluntary action of the people, and in 
obedience to the command of the law. Nearly every state in 
the union has statutes to encourage, or directely or indirectly 
to require vaccination, and this is true of most nations of 
Europe. 

A common belief, like common knowledge, does not require 
evidence to establish its existence, but may be acted upon 
without proof by the legislature and the courts. 

The fact that the belief is not universal is not controlling, 
for there is scarcely any belief that is accepted by every one. 
The possibility that the belief may be wrong, and that science 
may show it to be wrong, is not conclusive ; for the legislature 
has the right to pass laws which, according to the common 
belief of the people, are adopted to prevent the spread of con- 
tagious diseases. In a free country, where government is by 
the people, through their chosen representatives, practical 
legislation admits of no other standard of action, for what 
the people believe is for the common welfare must be accepted 
as tending to promote the common welfare whether it does 
in fact or not. Any other basis would conflict with the spirit 
of the Constitution and would sanction measures offered to a 
republican form of government. While we do not decide, 
and can not decide, that vaccination is a representative of 
small-pox, we take judicial notice of the fact that this is the 
common belief of the people of the state, and with this fact as 
a foundation, we hold that the statute in question is a health 
law, enacted in a reasonable and proper exercise of the police 
power. (79 N. Y., 235, 72 N. E., 97.) 

. . . further along the courts say: "We are not in- 
clined to hold that the statute establishes the absolute rule 
that an adult must be vaccinated if it be aparent or can be 
shown with reasonable certainty that he is not at the time a fit 
subject of vaccination, or by reason of his thin condition of 
health, would seriously impair his health, or probably cause 



133 DISPLAY U. S. FLAG. ' § 94 

Ms death. No such case is presented. It is the cause of an 
adult, who for aught that appears is in perfect health," etc. 

From the decision, then, it may be said that unless it can 
be shown that the person is not a fit subject of vaccination, 
that he is not physically or mentally able to stand it without 
seriously affecting his health. He must comply with the order 
of the health board and that the school board or health board 
are to use their discretion as to the time when the same can 
be done. 

In an opinion by the city solicitor of Cincinnati to the board 
of education he says that "neither the board of education, the 
board of health nor the legislature itself could adopt an arbi- 
trary, general continuing rule, operative without regard to 
varying conditions, excluding from the schools all pupils who 
have not been vaccinated. An epidemic must exist or be rea- 
sonably apprehended to authorize compulsory accumulation." 
(48 Bull., 292.) 

I am not prepared to say that the board must wait until there 
is an epidemic or an apprehended epidemic of smallpox before 
they can make a rule, requiring vaccination as a requisite to 
attend schools. The New York case, quoted from by the 
United States court in the case above cited, held that a rule of 
that kind could be sustained, and nothing is said about an 
impending epidemic. I very much doubt if the board must 
wait until the evil is upon us before it can use measures to 
prevent its coming. And I am inclined to believe that a gen- 
eral continuing rule will be upheld. A number of cases are 
cited in 48 Bull., 293. 

In England the Act of 1867 (30 and 31 Vict., Chap. 84) pro- 
vded for compulsory vaccination, and has been enforced in 
various cases. It was held in Reg. v. Justices of the Cinque 
Ports, L. R., 17, Q. B. Div., 191, that where a parent had been 
duly summoned, and the court found that notice to the parent 
to procure the vaccination of the child had been disregarded, 
the justice might order the child to be vaccinated, although no 
appearance was made by either parent or child in answer to 
the summons. 

See Andrew J. Duffielf, Appt., v. Williamsport School District, 2.5 
L. R. A., 152. 

§ 94. [Display of U. S. Flag.] (§ 3986-1.) All boards of 
education be authorized and required to display the U. S. 
national flag upon all school houses under their control, dur- 
ing all day school sessions in fair weather, and to be displayed 
on the inside of the school house on all other days, and said 
boards of education shall make all rules and necessary regula- 
tions for the care and keeping of such flags, the expense of the 



§ 94« GUIDE FOR OHIO SCHOOL OFFICERS. 134 

same to he paid out of the contingent funds of such boards. 
(92. V. 86.) 

[Terms of office of existing officers of boards of education, 

"1904.] See. 3. All existing officers of boards of education and 
school councils shall hold their respective offices until boards 
of education are elected and organized under the provisions 
of this act ; but no officer elected or appointed to fill a vacancy 
occurring in any such office shall be appointed to serve for a 
longer period than that ending on the 31st day of August, 
1905. (97 V. 379.) 

§ 94a. [To prevent hazing in educational institutions, and 
to punish persons guilty thereof.] Sec. 1. That section 1 of 
an act entitled "An act to provide against the offense of hazing 
in the colleges and other institutions in the state of Ohio, 
and for the punishment of crimes resulting therefrom," passed 
April 27, 1893, be amended, and supplemented by adding 
thereto section la, so as to read as follows: 

Sec. 1. Whoever being a student or a person in attendance 
at any public, private, parochial, or military school, college 
or other educational institution conspires to or does engage 
in the practice of hazing or of committing any act that injures, 
frightens, degrades or disgraces or tends to injure, frighten, 
degrade or disgrace any fellow student or person attending 
such institution shall be held guilty of a misdemeanor, and 
shall be fined not more than two hundred dollars or impris- 
oned in the county jail not more than six months or both, and 
in case of fine the sentence shall be that the defendant or 
defendants be incarcerated until said fine shall be paid. 

Sec. la. Whoever being a teacher, superintendent, comman- 
dant or other person or persons in charge of any public, private, 
parochial or military school, college or other educational insti- 
tution shall knowingly permit an act of hazing or of attempt- 
ing to haze, injure, frighten, degrade or disgrace any per- 
son attending the institution in which he is in charge shall 
be guilty of a misdemeanor and he shall be fined not more 
than one hundred dollars. 

Sec. 2. The said section 1 of an act entitled "An act to pro- 
vide against the offense of hazing in the colleges and other 
institutions in the state of Ohio, and the punishment of crimes 
resulting therefrom," be and the same is hereby repealed. 
(98 V. 124.) 



135 



SCHOOL HOUSES AND LIBRAKIES. 



CHAPTER 8. 
SCHOOL HOUSES AND LIBRARIES. 



Section. 

§95 (3987) 
§ 96 (3987-1) 

§ 97 (3988) 



(3989) 
§98 (3990) 



§99 (3991) 
§100 (3992) 



§ 100a (2834a) 
§101 (3993) 



§102 (3994) 



(3995) 
(3996) 
(3997) 
(3998) 
§103 (3998-1) 



§104 (3998-2) 



§105 (3998-3) 
§ 106 (3998-4) 

§107 (3998-5) 



School houses. 

Regulating use of 
school houses. 

Dii'ections for 
bidding and for 
letting contracts. 

Repealed. 

When boards may 
appropriate prop- 
erty. 

Bond issue, vote 
on. 

Bond issue, when 
election favor- 
able. 

Refunding bonds. 

Tax levy for 
bonds to be cer- 
tified to county 
auditor. 

Bond issue with- 
out vote; limita- 
tions. 

Repealed. 

Repealed. 

Repealed. 

Repealed. 

Boards of educa- 
t i o n authorized 
to . provide for 
e s t a b lishment, 
etc., of public li- 
brary; taxation. 

Board of library 
trustees; how 
constituted; qual- 
ifications; term; 
vacancies ; com- 
pensation ; pow- 
ers, etc. 

When library to 
be under control 
of such board 

Library fund; 
how provided and 
maintained; pay- 
ments from. 

Board of educa- 
tion may contract 
with library as- 
sociation for use 
of library. 



Section. 
§ 108 (3998-6) 
§ 109 (3998-7) 
§ 110 (3998-8) 

§ 111 (3998-9) 



112 (3998-10) 

113 (3908-11) 

114 (3998-12) 

115 (3999) 



§116 (3999a) 

§117 (3999&) 

§ 118 (3999c) 

§ 119 (3999C-1) 

§ 120 (3999(Z) 



School library. 
Museum. 

Taking effect; ex- 
isting law. 
City board of ed- 
ucation may ac- 
quire private li- 
brary; shall be 
made a public li- 
brary; board of 
managers; vacan- 
cies in board. 
Powers and duties 
of managers. 
Organization o f 
board; librarian 
and assistants. 
Tax levy; expend- 
iture of funds. 
In certain cities 
board may ap- 
point managers 
of library; board 
of trustees in 
Cincinnati; how 
appointed; 
terms; vacancies. 
Residents of Ham- 
ilton county en- 
titled to use of 
city library. 
Powers of trus- 
tees in Cincin- 
n a t i ; employ- 
ment of librarian 
and assistants. 
Tax for library 
purposes in Cin- 
cinnati. 

Provisions relat- 
ing to tax and ex- 
penditures for li- 
b r a r y purposes 
in Cincinnati. 
Disposition of un- 
expended funds 
heretofore raised 
for library pur- 
poses in Cincin- 
nati. 



GUIDE FOR OHIO SCHOOL OFFICERS. 



136 



SECTION. 

§ 121 (3999e) 



§ 122 (3999/) 

§ 123 (3999fir) 

* 

§ 124 (399971) 

§125 (3999i) 

§ 126 (3999;) 

§ 127 (3999fc) 

§ 128 (3999Z) 

§129 (4000) 

§130 (4001) 

§ 131 (4002) 

§132 (4002-1) 

§ 133 (4002-2) 

.§ 134 (4002-3) 



§135 
§136 

§137 
§138 
§139 
§140 



(4002-4) 
(4002-5) 

(4002-6) 
(4002-7) 
(4002-8) 
(4002-9) 



§141 (4002-10) 



Who ineligible as 
members of li- 
brary board. 

C a rn e g i e dona- 
tion; library 
trustees may ac- 
cept. 

Bonds for sites, 
equipment, etc., 
of libraries. 

Power of trustees 
to lease or pur- 
chase sites, etc., 
contracts for 
branch libraries; 
title to property. 

Exemption from 
taxes, execution, 
etc. 

Donations, be- 
quests, etc. 

Powers of trus- 
tees to control 
funds, contract 
for buildings, etc. 

Officers of trus- 
tees; depository 
of funds, etc. 

Cleveland public 
library board. 

Powers and duties 
of library board. 

Library tax and 
how expended. 

Cleveland library 
board to hold 
title and control 
property. 

Can purchase, 
lease or condemn. 

Proceedings to 
condemn. 

Donations. 

Exempt from tax 
and execution. 

Oath. 

Organization. 

Annual report. 

No member of 
board to be inter- 
ested in con- 
tract, except ; 
validity of con- 
tract. 

Use of library 
and reading 
room. 



§ 143 (4002-12) 



§144 
§ 145 

§146 

§147 

§ 148 
§149 



(4002-13) 
(4002-14) 

(4002-15) 

(4002-16) 

(4002-17) 
(4002-18) 



§ 150 (4002-19) 



§151 
§152 



(4002-20) 
(4002-21) 
(4002-22) 



SECTION. 

§142 (4002-11) Bonds to pay for 
land and build- 
ings. 

Resolution to is- 
sue; sale of. 

Sinking fund. 

Trustees of such 
sinking fund. 

Their organiza- 
tion. 

Their duty to cer- 
tify tax. 

Investments by. 

One-tenth of one 
mill may be ap- 
propriated i n 
certain cities for 
maintaining pub- 
lic library; pro- 
viso. 

Establishment of 
Toledo public li- 
brary ; tax for 
library fund. 

Repealed. 

Board of trustees. 

Transfer of libra- 
ries to such 
board by the 
board of educa- 
tion. 

Organization of 
trustees; regula- 
tions; powers; 
deposit of li- 
brary funds; 
warrants ; power 
to purchase or 
condemn 
grounds; issue 
and sale of pub- 
lic library build- 
ing bonds ; pay- 
ment of said 
bonds and inter- 
est ; title to 
g r o u n d-s pur- 
chased; libra- 
rians and as- 
sistants. 

Additional bonds 
authorized to be 
issued for certain 
purposes. 

Purchase of site 
for library. 

Appropriation of 
private property. 



§ 153 (4002-23) 



§154 (4002-24) 



§ 155 
§ 156 



(4002-25) 
(4002-26) 



137 



SCHOOL HOUSES AND LIBRARIES. 



Section. 

§ 157 (4002-27) 

§ 158 (4002-28) 



§159 (4002-29) 

§ 160 (4002-30) 

§ 161 (4002-31) 

§ 162 (4002-32) 

§ 163 (4002-33) 

§ 164 (4002-34) 

§ 165 (4002-35) 

§ 166 (4002-36) 

§167 (4002-37) 

§ 168 (4002-38) 

§169 (4002-39) 



§170 (4002-40) 
§ 171 (4002-41) 



Additional build- 
ing bonds. 

Said library to be 
free, subject to 
reasonable rules. 

Annual report to 
city council. 

Penalty for injur- 
ing library prop- 
erty. 

Power of trustees 
to accept devises, 
donations, etc. 

Dayton public li- 
brary board; 
lection of. 

Political composi- 
tion of; terms; 
vote required to 
elect. 

Powers and du- 
ties. 

Expenses of li- 
brary for ensu- 
ing year. 

Tax for library 
fund; custodian; 
d i s b ursements 
and balance. 

Provisions g o v- 
erning board. 

Museum may be 
established. 

Certain cities and 
v i 1 la g e s may 
have library; 
tax. 

Directors. 

Organization, by- 
laws, etc. ; con- 
trol of expendi- 
tures; custody of 
building; how 
money drawn 
from treasury ; 
librarian and as- 
sistants. 



Section. 

§ 172 (4002-42) 

§ 173 (4002-43) 
§ 174 (4002-44) 
§ 175 (4002-45) 



§ 176 (4002-46) 



§ 177 (4002-47) 
§178 (4002-48) 



§ 179 (4002-49) 

§ 180 (4003) 

§ 181 (4004) 

§ 182 (4005) 
§ 183 (4006) 

§ 184 
§184a 



Who may use li- 
brary. 

Annual report. 

Donations. 

Tax to assist ex- 
isting library as- 
sociation. 

Library associa- 
tions in certain 
cities; levy. 

Disposition of tax. 
Association to 

render account; 
power to levy 
tax. 

Tax in lieu of 
other taxes; pur- 
chase of school 
apparatus; levy. 

Consolidation of 
libraries in 
Portsmouth au- 
thorized. 

Board of Ports- 
mouth to appoint 
library commit- 
tee. 

Powers and duties 
of such commit- 
tee. 

Powers and duties 
of library com- 
mittees in Ports- 
mouth. 

Sections 1 and 2 
of an act to 
transfer library 
froni municipal- 
ity to school dis- 
trict. 

Sections 1, 2 and 
3, trustees of 
township to levy 
tax, etc. 



For school house sites in certain villages and cities, see § 2233-1, 
R. S. 

For public library in certain cities, see § 2680-19, R. S. 

School house clocks, on — shall run by standard time, see § 4446-4, 
R. S. 

Penalties for injuries to school property, see notes under § 3972 
(§ 80), R. S. (§ 80). 

Board of health authorized to inspect sanitary conditions and abate 
nuisances, see § 2128, R. S. 

Transfer of funds, see § 52. 



§ 95 GUIDE FOR OHIO SCHOOL OFFICERS. 138 

§95. [School houses.] (§3987.) The board of education 
of any district is empowered to build, enlarge, repair and 
furnish the necessary school houses, purchase or lease sites 
therefor, or rights of way thereto, or rent suitable schooh 
rooms, provide all the necessary apparatus and make all other 
necessary provisions for the schools under its control; also, 
the boards shall provide fuel for schools, build and keep in 
good repair all fences inclosing such school houses, plant when 
deemed desirable shade and ornamental trees on the school 
grounds, and make all other provisions necessary for the con- 
venience and prosperity of the schools within the sub-districts. 
(89 V. 95; 83 V. 84; 82 v. 86; Rev. Stat. 1880; 70 v. 195, § 55.) 

Misecellaneous. Lease to School District, 

To Provide Egress. Restriction as to Contract. 

Fence. Application of Statute. 

Directors Subordinate to Certificate of Funds. 
Board. 

Miscellaneous. — Inspection of school houses as to safety in 
case of accident or fire ; sections 2568-2572a, R. S. 

Courts of comomn pleas may authorize an exchange of school 
lots ; sections 2675-1—2675-4, R. S. 

County commissioners may act as board of education under 
certain circumstances; section 3969, (§ 70). 

Rules regulating the erection of public buildings ; sections 
4238-1—4238-5, R. S. 

Penalty for destroying plants or trees ; section 6880, R. S. 

Penalty for using school house without certificate of inspec- 
tor; section 7010, R. S. 

There is no conflict in sections 3987 (§95) and 3985, R. S. 
(§ 92). Section 3995, R. S., is not repealed by implication or 
otherwise, but in full force. (10 C. C, 294.) 

The apparatus mentioned in section 3987 (§95) is the gen- 
eral furnishing necessary to properly equip a school so as to 
make it convenient and fit for general use for school purposes. 

If either real or personal property be sold or bought, the 
resolution providing therefor must be passed as provided in 
section 3982, R. S. (§ 89). and it would be advisable to have 
a resolution to lease, pass in the same manner. 

Section 3988, R. S. (§97), provides when purchases must 
be let to the lowest bidder. 

Under the act of March 14, 1853, a township board of edu- 
cation has the power to designate the particular place where 
school houses in sub-districts shall be built; and the powers 
which, in this respect, the statute confers on the local directors 



139 FENCE AROUND SCHOOL HOUSE. § 95 

of a sub-district are to be exercised in subordination to the 
paramount authority of the township board of education. 

Hughes V. Board of Ed. of , 13 0. S., 396. 

A school board is not liable as such for an injury to a pupil 
arising from negligence in the erection and maintenance of a 
public school building. Finch v. Board of Ed., 30 0. S., 37. 
See Weir v. Day et al., 35 O. S., 143, under Sec. 3971 (§79). 

A board of education will be enjoined in the exercise of its 
discretion where it attempts, without any valid reason or ne- 
cessity, to expend the public funds for the erection of a new 
school house in another place in the district when the old one 
is suitable and satisfactory and located near the canter of the 
district. (13 C. C, 258.) 

To Provide Convenient Egress. — The law requires under 
severe penalties to be visited on those who have control thereof, 
that "all school houses are to have ample means of convenient 
egress, and doors opening outAvard. " For requirements as to 
certificates regarding the safety of such buildings, and the 
penalties relating to neglect, see Eevised Statutes, sections 
2568, 2572 and 7010. 

As to any building otherwise "in a condition dangerous to 
life or health," see Revised Statutes, 'sections 2128 and 2466. 

Fence.— The board of education must build and keep in 
x-epair all fences enclosing school houses. This would seem 
to imply that the rule as to joint or partition fences, would 
not prevail as to adjoining owners of land. But the board of 
education must build and maintain not half, but all, the 
fence, enclosing the school house. ^ 

Local Directors Subordinate to Board. — Where a town- 
ship board has to sell the old site of a sub-district school house 
and has purchased a new site, and, notifying the local directors 
of the sub-district of their action in the premises, instructed 
them to sell the former and to build a new school house on the 
latter, and the local directors, disregarding such instructions, 
proceed to build a new school house on the old site, and keep 
up a school therein ; held, that the local directors are guilty of 
such insubordination and neglect as to justify the township 
board in exercising the powers and duties which would other- 
wise devolve on the local directors, and in building a school 
house on the new site, and in employing a teacher therein ; and 
such teacher is entitled to be paid his wages out of the town- 
ship treasurv, on the order of the township board. (State v. 
Lynch, 8 O.'S., 34.) 



§ 95 GUIDE FOR OHIO SCHOOI. OFFICERS, 140 

Lease to School District. 

Know All Men by These Presents: 

That of the county of , and state of , for the 

consideration herein mentioned, does hereby lease unto the board of 

education of the township of , county and state aforesaid, its 

successors and assigns, the following premises, to wit: [Here insert 
description], with all the privileges and appurtenances thereunto be- 
longing; to have and to hold the same for and during the term of 

years from the day of , 19 . . . And the said board 

of education, for itself and assigns, does covenant and agree to pay 

the said for the said premises the annual rent of dollars. 

[Insert date and place of payment.] 

In witness whereof, the said parties hereunto set their hands this 
day of , 19.. 



■• Lessor. 

President of the Board. 

Clerk. 



Signed, sealed and acknowledged in the presence of 



State of Ohio, County, ss.: 

Before me, a in and for said county, personally appeared 

, grantor in the above instrument, and acknowledged the same 

to be voluntary act and deed, for the uses and purposes therein 

mentioned. 

In testimony whereof, I have hereunto subscribed my name and 
affixed my seal, this day of , A. D. 19. . 



(Title.) 

If the lease be for more than three years, it must be acknowl- 
edged, attested by two witnesses and recorded. If for a less 
term, it need not be executed with these formalities. See sec- 
tion 4112 R. S. The consideration may be money or anything 
else, and the form varied accordingly. The above form is for 
a long lease. 

[Restrictions as to contracts, agreements, obligations, appro- 
priations and expenditures.] (§ 2834&.) The commissioners 
of any county, the trustees of any township and the board of 
education of any school district, except in cities of the first 
class, of first, second and third grades, shall enter into no 
contract, agreement or obligation involving the expenditure of 
money, nor shall any resolution or order for the appropriation 
or expenditure of money be passed by any board of county com- 
missioners, township trustees or board of education, except in 
cities of the first class, of first, second and third grades, unless 
the auditor or clerk thereof shall first certify that the money 
required for the payment of such obligation or appropriation 
is in the treasury to the credit of the fund from which it is to 



141 RESTRICTIONS x\S TO CONTRACTS. § 95 

be drawn, or has been levied and placed on the duplicate, and 
in process of collection and not appropriated for any other pur- 
pose; which certificate shall be filed and immediately. recorded, 
and the sums so certified shall not thereafter be considered 
unappropriated until the county, township or board of educa- 
tion, except in cities of the first class, of first, second or third 
grades, is fully discharged from the contract, agreement or 
obligation, or so long as the order or resolution is in force, and 
all contracts, agreements or obligations, and all orders or reso- 
lutions entered into or passed contrary to the provisions of 
this section, shall be void. Provided, that none of the pro- 
visions of this section shall apply to the contracts authorized 
to be made by other provisions of law for the employment of 
teachers, officers and other school employes of boards of edu- 
cation. (93 V. 218.) 

As to embezzlement" see §266 (§6841 R. S.). 
As to board of education, see § 82 (§ 3974 R. S.). 

Application of Statute. Certificate of Funds, etc. 

Application of Statute. — One of our circuit courts has 
recently held that the above section, by reason of the fact that 
certain districts are excepted from its operation, is not a 
statute of a uniform operation, while it is one of a general 
nature, and therefore is unconstitutional. (Bower v. Board 
of Education, 28 C. C, 624.) 

But even if the same were not unconstitutional, the same 
case seems to hold that where money has been borrowed by 
a board of education on its note, for the purpose of meeting 
accruing indebtedness to be thereafter repaid out of the next 
taxes received, that the fact that there was no certificate filed 
as provided in the above section would not justify the court 
by injunction to prevent the board from paying such obliga- 
tion. And especially is this true when the obligation for 
which the note was given was one arising for the payment of 
teachers, officers, etc., as such matters seem to be excepted from 
the above statute by the last clause of the same. 

In reference to this section, it is stated that a county com- 
missioner, who, Mnthout willfulness or a corrupt motive, but 
through ignorance, disregards the provisions of the statutes, 
he is not guiltv of misconduct, etc., if the act be a valid one. 
(State V. Bair,'71 O. S., 410.) 

Unless the certificate of the clerk of the board be filed, 
certifying that the money required, etc., is in the treasury, or 
has been levied, etc., the contract is void, and the board will 
be enjoined at the suit of a taxpayer (Stolts v. Selz, 12 Dec, 
664), even though it be executed, etc. (State v. Board, 19 
C. C, 627.) 



§ 96 GUIDE FOR OHIO SCHOOL OFFICERS, 142 

Whether if the township board has received the benefit of the 
contract it could not make payment of the consideration is 
a cjuestion of some doubt. It is mandatory that this certificate 
be filed, and it is made a condition precedent to be complied 
with before the board can make a valid contract. It will be 
observed that an exception is made to teachers, officers and 
other employees of a board of education. 

Certificate of Funds, etc. 

To the Board of Education of School District: 

I hereby certify that the money required for the payment of 

is in the treasury of tliis board, to the credit of (or state the 

fund from whicli it is drawn), has been levied and placed on the 
duplicate, and in process of collection and not appropriated for any 
other purpose. 

» , 

Clerk of the Board of Education of School District. 

This certificate must be recorded immediately. 

§96. [Regulating use of school houses.] (§3987-1.) That 
when, in the judgment of any board of education, it will be 
for the advantage of the children residing in any school dis- 
trict to hold literary societies, school exhibitions, singing 
schools, religious exercises, select or normal schools, the board 
of education shall authorize the opening of such school houses 
for the purposes aforesaid. And the board of education of 
any school district shall have discretionary power to authorize 
the opening of such school houses for any other lawful pur- 
poses; provided, however, that nothing herein contained shall 
be construed to authorize any board of education to rent or 
lease any school house when such rental or lease shall in any 
wise interfere with the public schools in such district, or for 
any purpose other than such as is authorized by this act. (91 
V. 44; 89 V. 147; 87 v. 240; 86 v. 11.) 

Comments. — This section is a little contradictory. In the 
first clause it specifies for what causes the board may allow 
the house to be used. Then in -the second clause, it says they 
shall have discretionary power to allow it to be opened for 
any other lawful purpose, and then further along the limita- 
tion is placed on the board, that no such rental shall interfere 
with the schools or for any other purpose than authorized by 
this act. The probable meaning is that no such opening shall 
interfere with the public schools, literary societies, school ex- 
hibitions, singing schools, religious exercises, select or normal 



143 ERECTION OF SCHOOL HOUSE. § 97 

schools. That is, it can be opened for any lawful purpose 
if it does not interfere with any of the above specified uses. 
Neither could it be allowed to be 'used for any purpose that 
would not be open equally to all persons of the district. 
(Wier V. Day, 35 0. S., 143.) It should not be opened for a 
purpose, the moral effect of which there is a difference of 
opinion among the residents of the district. 

§97. [Erection of school house.] (§3988.) When a board 
of education determines to build, repair enlarge, or furnish a 
school house or school houses, or make any improvement or re- 
pair provided for in this chapter, the cost of which will exceed, 
in city districts, fifteen hundred dollars, and in other districts 
five hundred dollars, except in cases of urgent necessity, or for 
the security and protection of school property, it shall proceed 
as follows: 

1. The board shall advertise for bids, for the period of 
four weeks, in some newspaper of general circulation in the 
district, and two such newspapers, if there are so many; and 
if no newspaper has a general circulation therein, then by 
posting such advertisements in three public places therein, 
which advertisements shall be entered in full by the clerk, on 
the record of the proceedings of the board. 

2. The bids, duly sealed up, shall be filed with the clerk 
by twelve o'clock, noon, of the last day stated in the adver- 
tisement. 

3. The bids shall be opened at the next meeting of the 
board, be publicly read by the clerk, and entered in full on 
the records of the board. 

4. Each bid shall contain the name of every person inter- 
ested in the same, and shall be accompanied by a sufficient 
guarantee of some disinterested person, that if the bid be 
accepted, a contract will be entered into and the performance 
of it properly secured. 

5. "When both labor and materials are embraced in the 
work bid for, each must be separately stated in the bid with 
the price thereof. 

6. None but the lowest responsible bid shall be accepted: 
but the board may, in its discretion, reject all the bids, or 
accept any bid for both labor and material which is the lowest 
in the aggregate for such improvement or repair. 



§ 97 GUIDE FOE OHIO SCHOOL OFFICERS. 144' 

7. Any part of a bid which is lower than the same part of 
any other bid shall be accepted, whether the residue of the 
bid is higher or not; and if it is higher, such residue shall be 
rejected. 

8. The contract shall be between the board of education 
and the bidders; and the board shall pay the contract price 
for the work, when it is completed, in cash, and may pay 
monthly estimates as the work progresses. 

9. When two or more bids are equal, in the whole, or in 
any part thereof, and are lower than any others, either may 
be accepted, but in no case shall the work be divided between 
the makers thereof. 

10. When there is reason to believe that there is any col- 
lusion or combination among the bidders, or any number of 
them, the bids of those concerned therein shall be rejected. 
(97 V. 334.) 

Comments. Must be Lowest Bid. 

Board to Receive Bids. Advertisement for Bids. 

Liability of Individual Mem- Form of Contract, 
bers. Form of Bond. 

Certificate of funds, see § 96. 

Comments. — It must appear that the clerk of the board, 
at the time the resolution was adopted, certified that there 
was money in the treasury to pay for it. (Nenbauer v. Union 
Tp., 6 N. P., 530.) See § 97. 

It is never desirable or proper and it is questionable whether 
a board of education has the right, to build on property to 
which it has not acquired a clear title by lease, deed or process 
of law. In the latter case, either the time for appeal to a 
higher court should have elapsed, or the appeal, if made, shall 
have been decided. (Ohio School Laws.) 

Boards to Receive Bids. — Boards of education, and not local 
directors, are to receive bids. In a suit upon a contract under 
this statute, where the cost of the building exceeds $500, city 
districts $1500, it must appear from the records of the board 
that the contract M^as let after and upon such bids, or that it 
was a case of urgent necessity for the security of school prop- 
erty. 

The record and proceedings of local directors, showing that 
they duly complied with the requirements of the law to adver- 
tise, are incompetent evidence, since local directors are not au- 
thorized to advertise, open bids and award the eontfact. If 



145 BIDS FOR WORK, ETC. § 97 

such incompetent evidence in favor of the prevailing party is 
allowed to go to the jury against the objection of the other 
party, error to his prejudice will be presumed, without show- 
ing that the jury was influenced by it. (Error from District 
Court, Guernsey County, to Supreme Court, October 26, 1882.) 

When the school house is to cost $10,000 or over, see section 794, 
Revised Statutes. 

"By the proviso to the 55th section of the school law (sec- 
tion 3988 [§97], R. S.), township boards of education are re- 
quired, when the cost of building a school-house or other im- 
provements exceeds five hundred dollars, to advertise, and let 
the same to the lowest responsible bidder, unless in case of 
urgent necessity, or for the security and protection of school 
property. This is a duty imposed on the board in its corporate 
capacity, and cannot be delegated to the local directors of the 
sub-district in which the school house, or other improvements 
is to be made." (Board of Education v. Mills, 38 0. S., 383.) 

The minute provisions, relating to the duties of the township 
board in letting such contracts, show that a personal term in- 
volving judgment and discretion is imposed on it as a corporate 
body, which cannot be delegated to the local directors. 

A bid under this section which separately states the labor 
and material, with the price of each, and with the provision 
attached that it is to be accepted as a whole, does not comply 
with this section. (4 N. P., 44. The State of Ohio, The Bryce 
Furnace Company v. Board of Education and The Smead Fur- 
nace & Foundry Company.) 

The discretion of a board as to what system of apparatus it 
will put in can not be controlled either by mandamus or injunc- 
tion. Such bids are not competitive. (State ex rel. Bryce 
Furnace Companv v. The Board of Education of Toledo, 14 
C. C, 15.) 

In order that one who has bid on public work can maintain 
an action of mandamus, he must show that he is the one with 
whom the contract should be made, regardless of anybody's 
else rights. (State ex rel. Brvce Furnace Companv v. The 
Board of Education of Toledo, 14 C. C, 19.) 

A bid on heating and ventilating apparatus need not separ- 
ately state the cost of labor and materials entering into the 
same. {Id. 23.) 

When an advertisement for bids for public work is required, 
the board mav reject them. (State ex. rel. Black v. Board of 
Education, 13 C. C, 603.) 

"When an advertisement is not necessary, the board may make 
such stipulations as it desires. {Id.) 

Liability of Individual Members. — Individual members of a 
board, and local directors, as mere agents of the board, nmst 



§ 97 GUIDE FOR OHIO SCHOOL OFFICERS. 146 

see that their acts bind the board; for if they do not secure 
their principal a right of action or defense, they will them- 
selves be personally liable. (Ives v. Hulet, 12 Vt., 314; 58 
Mo., 245.) This principal also applies to the acts of board of 
education who, in their corporate capacity, seek to bind the 
district for which they act, as also their successors. 

But those who deal with officers of a corporation must ascer- 
tain, at their peril, what they will be conclusively presumed to 
know, that these public agents are strictly within the sphere 
limited and prescribed by law, and outside of which they are 
powerless to act. (60 Mo., 53; Whiteside v. U. S., 93 U. S., 
247; Story on Agency, § 307, 9th ed.) 

Still, it is well settled that where persons deal with an 
officer of a corporation, who assumes authority to act in the 
premises, and no want of authority or irregularity is brought 
to the knowledge of the party so dealing with the corporation, 
and there is nothing to excite suspicion of such defect, the 
corporation is bound, although the agent exceeded his powers. 
(57 Mo., 207; Whiteside v. 93 U. S., 247.) 

When Unauthorized Expenditures May be Ratified. — Un- 
authorized expenditures, not ultra vires, deemed beneficial, may 
be ratified, and in such case this ratification is equivalent to 
previous authority. (8 Fost. (N. H.), 65; 32 N. H., 118.) 
But the subsequent use, in the school, of materials unlawfully 
contracted for does not amount to such a ratification as will 
bind the district. (67 Mo., 319.) 

Ratification of the acts of a committee in building upon the 
land of a district a more expensive house than they were au- 
thorized to do by vote of the corporation, cannot be inferred 
from the mere fact that the school is kept in it for a few weeks, 
there being no evidence that the corporation had knowledge of 
the over-expenditure, or had taken any action on the subject. 
(Dillon on Mun. Corp., 480.) This will probably apply to the 
case of local directors acting as agents of the board of educa- 
tion in building a house. .It is evident from the above that in 
order to bind their principals the agents must decribe them- 
selves as agents of such principals, and their business must be 
of the kind to which the duties and powers of the principal 
pertain, and must not be acts prohibited as either criminal or 
against public policy. 

All contracts made by the board or its agents should be in 
writing and in duplicate, and one copy should be filed with the 
clerk of the board. The laws of some states require this. This 
is not, however, necessary to make a contract binding. 

Must be the Lowest Responsible Bid. — Clause 6, of Re- 
vised Statutes, which provides that a board of education en- 
gaged in the erection of a school building "may, in its discre- 



147 LOWEST RESPONSIBLE BID. § 97 

tion, reject all the bids," does not authorize the acceptance of 
any ''but the lowest responsible bid." 

The board may waive defects in the form of the bid, where 
such waiver works no prejudice to the rights of the public for 
whom the board acts. 

When a bid is uncertain as to whether it is for parts of a 
job as well as for the whole, and the bidder induces the board 
to construe it as for all or none, such bidder can not afterwards 
complain that the board awarded the whole job to a lower 
bidder, although under a different construction the board 
would have been bound to award to such bidder a portion of 
the work. (Ross v. Board of Education, 42 0. S., 375.) 

The discretion given by this clause is to reject all the bids. 
This is the only discretion given. If it is determined to ac- 
cept a bid, there is no discretion as to which bid must be ac- 
cepted. If the lowest responsible bid be rejected, and any 
other be accepted, the action of the board may be controlled 
by mandamus, without violating the rule that a matter of dis- 
cretion is not subject to control by proceedings in mandamus. 
(Ross V. Board of Education, 42 0. S., 378.) 

The bids should be accepted upon a called aye and nay 
vote as required by section 3982 R. S. (§89). 

Form of Advertisement for Bids. 

To Whom it May Concern: 

Notice is hereby given that until the day of , 190.., 

at o'clock, sealed proposals will be received at the office of the 

clerk of the board of education of township, for building a 

school house on the lot situate ; and according to the plans and 

specifications on file in the clerk's office. 

Each bid shall contain the name of every person interested in the 
same, and shall be accompanied by a sufficient guarantee of some dis- 
interested person, that if the bid is accepted a contract will be entered 
into, and the performance of it properly secured. When both labor 
and materials are embraced in the work bid for, each must be sepa- 
rately stated in the bid, with the price thereof. 

None but the lowest responsible bid will be accepted, and the board 
reserves the right to reject all the bids, or accept any bid for both 
labor and material which is the lowest in the aggregate. 

By order of the board of education. 



Clerk of 



If there is a newspaper of general circulation within the 
district, this notice must be printed therein for four consecu- 
tive weeks, and if there are two newspapers therein, it must 
be printed in both that length of time. If there are no such 
newspapers, it must be posted up in three public places in 
such district. Copies of such notice and all matters connected 
therewith must be entered upon the journal of the clerk's 
record of the proceedings of the board. 



§ 98 GUIDE FOR OHIO SCHOOL OFFICERS. 148 

Form of Contract, etc. 

Articles of Agreement By and Betioeen the Board of Education of 

, Party of the First Part, and , Party of the Second 

Part: 

Witnesseth, that the said party of the second part, for the con- 
sideration hereinafter named, does agree and contract with the said 
party of the first part to furnish the labor and all materials necessary 

to build and construct a school house on a lot situated , and 

according to the plans and specifications hereto attached and made a 
part hereof. 

All work to be done in a good workmanlike manner, and all ma- 
terials to be of good and sound quality and to the satisfaction of 
(architect, etc.), all of which work is to be done under his direction, 
and to be completed by and ready for use at that time. 

And for and in consideration of the building of said school house in 
accordance with this contract and for the work therefor and the 
materials therein the said party of the first part hereby agrees to 
pay to the said party of the second part, the following compensation, 
to wit: 

For (here insert each kind of labor, etc., as designated in the 

For bid accepted.) 

For 

Such compensation to be paid in installments upon esti- 
mates made by the architect (or other person in charge) of the amount 

of work completed, always reserving per cent, until the entire 

job is completed and accepted, when the balance is to be paid. 

No extra work shall be paid for unless the same shall be contracted 
for in writing, nor shall any alterations or changes be made therein 
unless made in writing. 

In witness whereof, we have hereunto set our hands this 

day of , 190.. 



President and Clerk of Board of Education. 

Contractor. 

Form of Bond. 

Enow All Men by These Presents: 

That , principal, and , sureties, are held and 

firmly bound unto the board of education of township, in the 

penal sum of dollars, the payment of which we bind ourselves, 

our heirs, executors and administrators. 

The condition of the above obligation is such that whereas the 

said did on the day of 190. ., enter into a written 

contract for the erection of a certain school house for the board of 
education of township with the said board. 

Now if the said shall well and truly perform all the con- 
ditions of said contract on his part to be performed, then this obliga- 
tion shall be void, otherwise to be in full force and virtue. 

Witness our hands this day of , 190 . . 



Attest : 



[Erection of school houses in joint sub-district.] (§ 3989.) 
Repealed. 



149 APPROPRIATION OF PROPERTY. § 98 

§ 98. [When boards may appropriate property.] (§ 3990.) 
When it is necessary to procure or enlarge a school-house site, 
and the board of education and the owner of the proposed 
site or addition are unable, from any cause, to agree upon 
the sale and purchase thereof, the board shall make an ac- 
curate plat and description of the parcel of land which it 
desires for such purpose, and file the same with the probate 
judge of the proper county; and thereupon the same pro- 
ceedings of appropriation shall be had which are provided 
for the appropriation of private property by municipal cor- 
porations. (70 V. 195, § 65.) 

Comments. Form of Resolution. 

Eesolution to Appropriate. 

Section 2232 et seq., of the Revised Statutes, refer to this 
subject. 

Before building on such property, it is best to complete the 
proceedings before the court or courts, if an appeal is taken, 
and to wait until the time for appeal has elapsed, as such 
appeal may be taken and may reverse the proceedings below. 

The power to condemn private property to public uses 
against the will of the owner is a stringent one, based on pub- 
lic necessity or urgent public policy, the rule requiring the 
power to be strictly construed, and the prescribed mode for 
its exercise strictly followed, is a just one, and should, within 
all reasonable limits, be inflexiblv adhered to. (Dillon on 
Mun. Corp., 569.) 

The owner is entitled to a full payment of the damages as- 
sessed before his title is extinguished or his control of the 
premises ceases. In any case of voluntary dedication or of 
involuntary surrender of property to a public use, the prop- 
erty reverts to the owner when the use entirely ceases. 

Resolution to Appropriate. — The board having determined 
that a certain piece of ground is necessary, and having en- 
deavored to purchase the same and failed to get the same, 
a resolution should be passed. It may be in the following 
form. 



Form of Resolution. 

Whereas, it is necessary to procure a site (or enlarge one already 

acquired) for the purpose of expecting a school building thereon; and. 

Whereas, the following described real estate, to wit: 

is determined upon and found necessary by this board as a proper 
and suitable site upon which to erect said building; and. 



§ 99 GUIDE FOR OHIO SCHOOL OFFICERS. 150 

Whereas, this board has been and is unable to agree with the 
owner of the same upon the price and sale and purcnase of the same; 
therefore, 

Be it resolved by the board of education of school district, 

county, Ohio, that the necessary proceedings be had to appro- 
priate the same as provided by law; that an accurate plat and descrip- 
tion of said premises be made, and the same, with a copy of this reso- 
lution, be filed with the probate judge of county, Ohio, and 

that the president and clerk of this board are authorized and directed 
to take charge of said proceedings on behalf of this board and procure 
such legal services as may be needed to conduct the same to a suc- 
cessful termination. 

I presume there should be a certificate on file from the 
clerk that there are sufficient funds to meet the appropriation 
as required by section 28346 (§ 95a). 

The board may call on the prosecuting attorney to attend 
to the matter, or may employ other counsel (section 3977 
(§85) as to the method to be pursued in probate court. See 
Rockel's Probate Law and Practice section 1751 ct seq. 

§99. [Bond issue, vote on.] (§3991.) When the board 
of education of any school district determines that it is nec- 
essary for the proper accommodation of the schools of such 
district to purchase a site or sites to erect a school house or 
houses, to complete a partially built school house, to enlarge, 
repair or furnish a school house, or to do any or all of said 
things, and that the funds at the disposal of said board or 
that can be raised under the provisions of section 3994 (§ 102) 
of the Revised Statutes of Ohio, are not sufficient to accom- 
plish said purpose and that a bond issue is necessary, the 
board shall make an estimate of the probable amount of money 
required for such purpose or purposes and at a general elec- 
tion or a special election called for that purpose, shall submit 
to the electors of the district the question of the issuing of 
bonds for the amount so estimated; notices of the election 
required herein shall be given in the manner as provided in 
section thirty-nine hundred and seventy dash eleven (§ 77). 
(97 V. 334.) 

Board Must Officially De- Notice— What must contain. 

termine. Form of Notice for Election. 

Resolutions in Bond Issue. Form of Ballot. 

Board Must Officially Determine Upon Matter. — It can 
not be too often repeated that a board of education speaks 
only through its records. Its acts, findings and determina- 



151 ISSUE OF BONDS. . § 99 

tions are only known by its records. Hence, although the 
words of the statute may not clearly settle the question, yet it 
is safest to assume that this determination is to be an official 
determination. Purchasers of bonds are likely to scrutinize 
such matters closely, and they will question whether the board 
acquired jurisdiction to take steps for raising a tax unless 
it first officially "ascertains" and "determines" all the pre- 
liminary facts mentioned in the statute, and makes a record 
of such finding. 

Resolutions on Bond Issue. 

Resolved by the board of education of school district, 

county, Ohio, that it is necessary for the proper accommodation of the 
schools of said district that [state nature of improvement] ; that 

it will require $ to make said improvement; that the funds at 

the disposal of said board or that can be raised under the provisions 
of section 3994 of the Revised Statutes of Ohio, are not sufficient to 
accomplish said purpose, and that a bond issue is necessary, it is there- 
fore further 

Resolved, that an election be held in said school district on the 

question of the issuing of bonds in the sum of $ for the purpose 

herein specified, on the day of , 190. ., and that the clerk 

of the board be directed to forward a copy of these resolutions to the 
deputy state supervisors of elections, and request said supervisors to 
provide election supplies and conduct said election, and that the clerk 
be also directed to publish the notices of said election as provided 
by law. 

Notice Must Contain Matter to be Acted on.— When the 
statute requires that notice shall be given of the matter to be 
acted on, a failure to insert such matter will render void any 
act done with respect to the matter not so embraced as re- 
quired. (18 Me., 184; 12 Cush., 294.) It is presumed that 
the people of a district know the days appointed by law for 
the ordinary affairs of the district, yet if it is intended to 
proceed to any other act of importance a notice is necessary, 
the same as at any other time. (Dillon on Mun. Corp., 319.) 

Notice of Election for Bond Issue. 

Notice is hereby given by the board of education of school 

district, county, Ohio, that there will be an election held in said 

district at the usual voting place [places], between the hours of 5:30 

A. M. and 5:30 p. m, on the day of , 190. ., to consider the 

question of a bond issue in the sum of $ , for the purpose of 

[here state purpose] as provided in section 3991 of the Revised Statutes 
of Ohio. 

By order of the board of education. 

, Clerk. 

, Ohio. 

190.. 



§ 100 GUIDE FOR OHIO SCHOOI. OFFICERS. 152 

Form of Ballot. 





For Bond Issue in the Sum of $ . . . 


. . , Yes. 




For Bond Issue in the Sum of $ . . . . 


.., No. 



As to how notice shall be given, see § 77. 

All elections on school questions should be held under the 
supervision of the regular election officers, and the ballots be 
made to conform to the provisions of the general election laws. 

§ 100. [Bond issue, when election favorable.] (§ 3992.) 
If a majority of the electors, voting on the proposition to 
issue bonds, shall vote in favor of said issue, the board shall 
be thereby authorized to issue bonds for the amount indicated 
by the vote provided for in section thirty-nine hundred and 
ninety-one (§99), the issue and sale of said bonds to be provided 
for by a resolution fixing the amount of each bond, the length 
of time they shall run, the rate of interest they shall bear, 
and the time of sale which may be by competitive bidding at 
the discretion of the board; the bonds shall bear a rate of 
interest not to exceed six per cent, per annum paj^able semi- 
annually, shall be made payable within at least forty years 
from the date thereof, be numbered consecutively, made pay- 
able to the bearer, bear date of the day of sale and be signed 
by the president and clerk of the board of education; the 
clerk of the board shall keep a record of the number, date, 
amount, and the rate of interest of each bond sold, the amount 
received for the same, the name of the person to whom sold, 
and the time when payable, which record shall be open to the 
inspection of the public at all reasonable times ; and the bonds 
so issued shall in no case be sold for a less sum than their par 
value, nor bear interest until the purchase money for the 
same shall have been paid by the purchaser. (97 v. 357.) 

Certificate as to Vote. Notice of sale. 

Eesolution to Issue and Sell Form of Notice. • 

Bonds. Form of Bond. 

Form of Eesolution. Form of Coupon. 

Sale of Bond. Payment of Bond, etc. 



153 SALE OF BONDS, § 100 

Certificate as to Vote. — The board of election should file 
with the school board a certificate of the result of election upon 
the bond proposition, which might be in the following form: 

We, the undersigned, president and secretary of the board of elec- 
tions of county, hereby certify tliat at the general election held 

on the day of there were number of votes cast 

in favor of the proposition to issue bonds for the purpose of , 

and there were number of votes cast against the issue of said 

bonds for said purpose, and we hereby certify that a majority of the 
electors voting on said proposition have voted in favor of said bond 
issue. 



This certificate should be copied into the records of the 
board of education. 

Resolution to Issue and Sell Bonds. — As soon as the cer- 
tificate has been filed that the proposition has carried,- then the 
board should pass a resolution fixing the amount of each bond, 
the length of time they were to run, the rate of interest they 
should bear and the time of sale. This sale may be by com- 
petitive bidding at the discretion of the board. The bonds 
shall bear a rate of interest not exceeding six per cent, and 
shall be made payable at least within forty years from the 
date. 

This resolution may be in the following form: 

Form of Resolution. 

Whereas, the proposition to issue bonds for purposes was 

submitted to the voters of school district, and at the election 

held on the day of , and, 

Whereas, the board of elections of county has certified ^o 

this board of education that a majointy of the electors voting on said 
proposition have voted in favor thereof. 

Therefore be it resolved, by the board of education of school 

district, that there be issued bonds not to exceed the sum of $ 

That said bonds should be in the amount of $ each, and shall run 

for years from the date thereof, and shall bear interest at the 

rate of 

Said interest to be payable , the same to be fixed by coupons 

attached to each bond. 

Be it further resolved, that said bonds shall be sold on the 

day of , at , to the highest bidder. No bid to be received 

for less than the face value of said bonds. 

Resolved, further, that the clerk of this board shall give notice of 

the time and place where said bids may be received in and 

in , two newspapers of opposite politics, having a general circula- 
tion in the county in which the school district is located. 

Sale of Bond. — Section 225 of the Revised Statutes directs 
the method of such sale, and it is as follows : 



§ 100 GUIDE FOR OHIO SCHOOL OFFICERS. 154 

§ 22&. All bonds issued by boards of county commission- 
ers, boards of education, commissioners of free turnpikes, 
shall be sold to the highest bidder after being advertised three 
times, weekly, in a newspaper having a general circulation in 
the county where the bonds are issued ; and if the amount 
of bonds to be sold exceeds twenty thousand dollars, then 
in an additional newspaper having a general circulation in 
the state, three times, weekly. The advertisement shall state 
the total amount of bonds to be sold, the amount of each 
bond, how long they are to run, the rate of interest to be 
paid thereon, whether annually or semi-annually, the law or 
section of law authorizing their issue, the day, hour and place 
in the county where they are to be sold. None of said bonds 
shall be sold for less than the face thereof, with any interest 
that may have accrued thereon ; and the privilege shall be 
reserved of rejecting all or any bids, and if said bids are 
rejected said bond shall again be advertised; all moneys aris- 
ing from premiums on the sale of said bonds as well as the 
principal, shall be credited to the fund on account of which the 
bonds are issued and sold. (80 v. 68.) 

Notice of Sale. — The above section quoted from the Revised 
Statutes is very specific in the method to be followed in the 
sale of such bonds. It will be observed that they are to be 
sold to the highest bidder, but the privilege is reserved of 
rejecting all or any bids that the board sees fit. Likewise 
there is no statement as to politics of the newspapers in which 
the notice is to be given, -and if the bids do not exceed $20,000, 
then notice need not be given in more than one paper. 

This notice must be inserted for three weeks, once each week. 

Form of Notice. 

* Notice is hereby given that on the day of , at 

o'clock .. M., at the office of , situate in the city of , 

county of Oliio, tlie board of education of school district 

will sell to the highest bidder bonds of the value of the sum of $ 

Said bonds are issued in the sum of $ each, and run for the 

period of years and draw interest at the rate of per cent., 

payable annually (or semi-annually). That none of said bonds shall 
be sold for less than the face value thereof, with any interest that 
may have accrued thereon, and the board reserves the privilege of 
rejecting any or all bids. That said bonds are issued by virtue of the 
provisions of section of the Revised Statutes of Ohio. 



Clerk of Board of Education. 



155 FORM OF BOND. § 100 

Form of Bond. 

UNITED STATES OF AMERICA. 

No. 

State of Ohio. 

Board of Education of the City of Springfield: 

Know all men by these presents, that the board of education of 

school district, state of Ohio, acknowledges itself to owe, and 

for value hereby promises to pay to the bearer the sum of $ in 

lawful money of the United States of America, on the day of 

, with interest thereon at the rate of per cent, per annum, 

payable semi-annually upon presentation of the respective interest 
coupons therefor, hereto attached. Both the principal and interest 
hereof are payable at the office of the treasurer of sucn school district 
at 

This bond is issued under authority of sections 3991 and 3992 of 
the Revised Statutes of Ohio, and in accordance with the resolution 

of the board of education of said school district, passed on the 

day of 

It is hereby certified and recited that all acts, conditions and things 
acquired by law precedent to and in the issuance of this bond have 
happened and been performed in regular and due form; and in full 
faith, credit and revenue of all the pi'operty, real and personal, situate 

in said school district of , the state of Ohio, have irrevocably 

pledged for the prompt payment of this bond and interest as the same 
mature; and that this issue, together with all other indebtedness of 

the said board of education of said school district does not 

exceed any statutory limitation of indebtedness. 

In witness whereof, the board of education of the school dis- 
trict has caused this bond to be signed by its president and counter- 
signed by its secretary this day of 



President of Board. 
Countersigned: 



Clerk of Board. 



Form of Coupon. 

On the first day of the board of education of school 

district, Ohio, promises to pay to bearer dollars, at the office 

of the treasurer of said school district, situate in , Ohio, being 

interest due that day on its per cent, of bond issue for build- 
ing school houses, dated 

No. 



President. 
Coupon No. 



Clerk. 



Payment of Bonds, etc. — Mandamus is the proper remedy to 
compel the board to appropriate moneys already m their 
treasury for that purpose, toward the payment of such bonds, 
and to leyy such tax as may be necessary to complete such 
payment. (State ex rel Robertson v. Board of Education of 
Perrysburg, 27 0. S., 96.) 



§ 100a GUIDE FOR OHIO SCHOOL OFFICERS. 156 

A board of education agreed to borrow a sum of money at 
an aggregate rate of interest of fifteen per cent., in manner 
following: For the amount so to be borrowed, bonds were to 
be issued bearing the authorized rate of interest, and for the 
excess of interest, orders on the treasury were to be issued, 
payable at the same time as the legal interest. The bonds 
were regularly issued, bearing eight per cent, interest, and 
sold at par, and the money was received and used as author- 
ized. For the excess of interest, orders on the treasury were 
at the same time issued and delivered to the purchaser, as 
agreed to by the parties, but were never presented for pay- 
ment, and after their maturity, he offered to return them for 
cancellation; Held, that this agreement to pay excess of in- 
terest is void, and, having never been executed in whole or 
in part, will not avoid a recovery on the bonds. (Ohio ex 
rel. Laskev et al. v. Board of Education of Perrysburg, 35 
0. S., 5190 

Certain Ijonds were issued by a board of education; they 
were afterwards redeemed before maturity, and placed in 
the hands of the treasurer for destruction. The treasurer 
failed to destroy them, but fraudulently used them as collat- 
eral security for an individual loan by an innocent third 
person; Held, that the board was not liable for the payment 
of the same. (Board of Education v. Sinton, 41 0. S., 504.) 

§100a. [Refunding of bonds.] (§ 2834a.) The trustees of 
any township, the board of education of any school district 
and thQ commissioners of any county for the purpose of ex- 
tending the time of payment of any indebtedness, which from 
its limits of taxation such township, school district or county 
is unable to pay at maturity, shall have power to borrow mon- 
ey or to issue bonds of such township, school district or 
county, so as to change but not to increase the indebtedness 
in such amounts and for such length of time and at such rate 
of interest, as the trustees, board of education or commission- 
ers may deem proper, not to exceed the rate of six per centum 
per annum, payable anually or semi-annually. 

Or when it shall appear to the trustees, board of education 
or commissioners of any township, school district or county 
to be for the best interests of such township, school district or 
county to renew, refund or extend the time of payment of any 
bonded indebtedness which shall not have matured and there- 
by reduce the rate of interest thereon, such trustees, board 
of education or commissioners shall have authority to issue 



157 REFUNDING BONDS. ■ § 100a 

for that purpose new bonds, and to exchange the same with 
the holder or holders of such outstanding bonds if such holder 
or holders shall consent to make such exchange and to such 
reduction of interest. 

Provided, however, that no indebtedness of any township, 
school district or county shall be funded, refunded or extended 
unless such indebtedness shall first be determined to be an 
existing, valid and binding obligation of any such township, 
school district or county by a formal resolution of the trustees, 
board of education or commissioners of any such township, 
school district or county, which resolution shall so state the 
amount of the existing indebtedness to be funded, refunded 
or extended, the aggregate amount of bonds to be issued there- 
for, their number and denomination, the date of their ma- 
turity, the rate of interest they shall bear and the place of 
payment of principal and interest. And for the payment of 
the bonds issued under this section the township trustees, 
board of education or county commissioners shall levy a tax, 
in addition to the amount otherwise authorized, every year 
during the period the bonds have to run sufficient in amount 
to pay the accruing interest and the bonds as they mature. 
(97 y. 514.) 

See § 52 (§ 226-2), as to transfer of funds. ' 

Proceedings for, etc. Form of Resolution. 

Resolution of Board, etc. Resolution for Exchange. 

Proceedings for, etc. — It will be observed by the above sec- 
tion that when a school board is unable to pay at maturity 
outstanding bonds, they shall have power to issue new bonds 
and extend the time of payment, and the board may refund 
its indebtedness, although the time of payment is not due, 
but it seems before they are authorized to refund an indebt- 
edness that is not due they must do so with the result that 
the interest charge is reduced. In either case the indebtedness 
must not be increased. No limitation of time is made as to 
how long the extended bond shall run, but it is safe to pre- 
sume that it ought to run a longer time than an original issue 
could run, which is forty years. And if the debt is refunded 
before it is due, it seems that the new bond may be exchanged 
with holders of the old bonds without respect to whether or 
not such holders of the old bond are willing to pay the high- 
est price therefor. Such matter is left in the discretion of 
the board, but if a new bond is to be issued, then I have no 



§ 100a GUIDE FOR OHIO SCHOOL OFFICERS. 158 

doubt it should be sold in the same manner as other bonds are 
sold. 

Eesolution of Board, etc. — The statute is very positive upon 
another question, and that is, that before any such debt shall 
be refunded, the board of education must state in a resolu- 
tion the amount of the existing indebtedness to be refunded, 
the aggregate amount of bonds to be issued, etc., their number 
and denomination, the date of maturity, the rate of interest 
they should bear, place of payment, principal and interest. 
In all respects, the statute must be strictly follovt^ed. I am 
not sure that an aye and nay vote should be called upon such 
a question, but it had better be done and the record should 
show all these facts. 

It might be in the following form : 

Form of Resolution. 

Whereas, there are outstanding bonds against this board of educa- 
tion issued on the day of , for the sum of $ , which 

are a valid and binding obligation against this board of education; 
that said bonds will mature on the day of ; thei'efore, 

Be it resolved, that as this board of education is unable to pay 
said bonds, at their maturity, it is therefore further resolved that 

there be issued bonds in the sum of $ , not to exceed the 

value of those becoming due as aforesaid; that there shall be issued 

number of such bonds of the face value each and that 

the same shall run for the period of years, and shall bear 

interest at the rate of per cent, and shall be payable, both 

principal and interest, at , and, 

It is further ordered that said bonds be offered for sale to the 

highest bidder at , on the day of at o'clock, 

and that the clerk give notice thereof as provided by law. 



Resolution for Exchange. 

Whereas, there are outstanding bonds against this board of edu- 
cation issued on the day of , for the sum of $ , 

which are a valid and binding obligation against this board of edu- 
cation that such bonds will mature on the day of 

Whereas, it is deemed expedient for the bgnefit of this, board of 
education that said bonds be refunded; therefore, 

Be it resolved, that thei'e be issued bonds in the sum of $ , 

not to exceed the value of those becoming due as aforesaid, and that 

there shall be issued number of said bonds of the face 

value each ; that the same shall run for the period of years 

and shall bear interest at the rate of per cent., payable , 

and both principal and interest shall be payable at the , and 

It is further ordered that said bonds so issued be exchanged with 
the holders of the present said outstanding bonds, the holders of 
said bonds assenting thereto and agreeing to accept said new bonds 
in exchange for the old bonds, the exchange being made in bonds of 
ftoual face value, this board paying the accrued interest on the old 
bond and the holder of said old bond in exchange accounting for the 
accrued interest on the new bond from the date of its issue. 



159 BOND ISSUE WITHOUT LIMITATION. §§ 101, 102 

§ 101. [Tax levy for bonds to be certified to county audi- 
tor.] (§3993.) "When an issue of bonds has been provided 
for under sections thirty-nine hundred and ninety-one (§99) 
and thirty-nine hundred and ninety -two (§ 100) the board of 
education shall certify annually, to the county auditor or 
auditors as the case may require, a tax levy sufficient to pay 
said bonded indebtedness as the same shall fall due together 
with accrued interest thereon ; the county auditor or auditors 
shall place said levy on the tax duplicate and it shall be 
collected and paid to the board of education in the same man- 
ner as other taxes are collected and paid. The tax levy pro- 
vided for herein shall be in addition to the tax levy provided 
shall be kept in a separate fund by the board of education 
and applied only to the payment of the bonds and interest 
for which it was levied. (97 v. 358.) 

§102. [Bond issue without vote; limitations,] (§ 3994.) 
The board of education of any school district may issue bonds 
to obtain or improve public school property, and in antici- 
pation of income from taxes, for such purposes, levied or 
to be levied, may, from time to time, as occasion requires, 
issue and sell bonds, under the restrictions and bearing a 
rate of interest specified in section thirty-nine hundred and nine- 
ty-two (§ 100) and shall pay such bonds and the interest thereon 
when due, but shall provide that no greater amount of such 
bonds shall be issued in any year than would equal the ag- 
gregate of a tax at the rate of two mills, for the year next 
preceding such issue, but the order to issue bonds shall be 
made only at a regular meeting of the board and by a vote 
of two-thirds of the full membership of the board, taken by 
yeas and nays and entered upon the journal of the board; 
but in no case shall a board of education- issue bonds under 
the provisions of this section in a greater amount than can 
be provided for and paid with the tax levy provided for under 
section thirty-nine hundred and fifty-nine (§ 100) of the Revised 
Statutes of Ohio, and paid within forty years after the bond 
issue on the basis of the tax valuation at the time of the 
bond issue. (97 v. 334.) 

Sec. 3995. Repealed April 25, 1904. 

Sec. 3996. Repealed April 25, 1904. 

Sec. 3997. Repealed April 25, 1904. 

Sec. 3998. Repealed April 25, 1904. 



§ 103 GUIDE FOR OHIO SCHOOL OFFICERS. 160 

§ 103. [Board of education authorized to provide for es- 
tablishment, etc., of public library.] (§ 3998-1.) The board 
of education of any city, village, township, or special school 
district, may, by resolution provide for the establishment, 
control and maintenance, in such school district, of a public 
library, free to all the inhabitants of such district; and, for 
that purpose, may acquire, by purchase, the necessary real 
property, and erect thereon a library building ; it may acquire 
from any other library association, by purchase or otherwise, 
its library property; it may receive donations and bequests 
of money or property for such library purposes, and it may 
maintain and support libraries now in existence and controlled 
by the board of education, 

[Taxation.] and such board of education may annuall}^ 
make a levy upon the taxable property of such school dis- 
trict, in addition to all other taxes allowed by law, of not to 
exceed one mill for a library fund, to be expended by such 
board of education, for the establishment, support and main- 
tenance of such public library; 

[Extension of provisions of this act to libraries jointly 
owned by two or more school districts.] Provided, that when- 
ever any^. donation or bequest of money or property has been 
or shall hereafter be made to any two or more school districts 
jointly, or jointly and severally for the purpose of establishing 
and maintaining such public library, and the money so donat- 
ed has been or may hereafter be expended in the purchase 
of a site and the erection of a library building thereon, the 
provisions of this act shall apply ; 

[Taxation,] and provided in such case the board of edu- 
cation of each of said districts may annually make a levy 
of not exceeding one mill, in addition to all other taxes al- 
lowed by law, upon the taxable property of such school dis- 
tricts for the establishment, support and maintenance of such 
public library, and the library building may be located at 
a convenient place in either of such school districts. 

[Board of trustees, appointment, term, etc.] The control 
of such building and library and the expenditure of all moneys 
for the purchase of books and other purposes and the admin- 
istration of such library will be vested in a board of six 
trustees, three to be appointed by each of said boards of 
education for the term of five years, and who shall serve 



161 BOARD OF LIBRARY TRUSTEES. §§104,105 

without compensation, and such trustees shall serve until their 
successors are appointed. In case of vacancy in such board, 
from refusal to serve, resignation or otherwise, said vacancy 
shall be filled by the said boards of education of said district, 
in case such vacancy occurs, for the unexpired term. (98 v. 
244.) 

§104, [Board of library trustees; how constituted; quali- 
fications; terms; vacancies; compensation; powers,] 
(§ 3998-2.) The board of education may provide for the man- 
agement and control of such library by a board of trustees 
to be elected by said board of education as herein provided. 
Such board of library trustees shall consist of seven members, 
who shall be residents of the school district, and no one shall 
be eligible to membership on said library board who is or 
has been for a year previous to his election, a member or officer 
of the board of education. The term of office shall be seven 
years, except that at the first election the terms shall be such 
that one member shall retire each year. Should a vacancy 
occur in said board, it shall be filled by the board of education 
for the unxpired term. The members of said library board 
shall serve without compensation and until their successors 
are elected and qualified. Such library board in its own name 
shall hold the title to and have the custody, management and 
control of all libraries, branches, stations, reading rooms, and 
of all library property, real and personal, of such school 
district, and the expenditure of all moneys collected or re- 
ceived from any source for library purposes for such district. 
It shall have power to employ a librarian and assistants, but 
previous to such employment the compensation of such li- 
brarian and assistants shall be fixed. Such library board shall 
have the power, by a two-thirds vote of its members, to pur- 
chase or lease grounds and buildings, and erect buildings 
for library purposes. It may accept any gift, devise or be- 
quest for the benefit of such library. No member of the 
library board shall be interested, directly or indirectly, in any 
contract made by the board. The library board shall report 
annually in writing to the board of education. (96 v. 8.) 

§ 105. [When library to be under control of such board.] 
(§ 3998-3.) Whenever in any city, village or special school 
district a library established or controlled by a board of edu- 
cation shall contain twenty-five thousand or more volumes, it 



§§ 106-108 ~ GUIDE FOR OHIO SCHOOL OFFICERS. 162 

shall be managed, governed and controlled by a board of 
trustors elected by the board of education as provided in sec- 
tion 2 of this act. (96 v. 9.) 

§ 106. [Library fund ; how provided and maintained ; pay- 
ments from.] (§ 3998-4.) Said board of library trustees shall 
annually, during the month of May, certify to the board of 
education the amount of money that will be needed for in- 
creasing, maintaining and operating said library during the 
ensuing year in addition to the funds available therefor from 
other sources ; and such board of education shall annually levy 
on each dollar of taxable property v^dthin said school district, 
in addition to other levies authorized by law, such assessment 
not exceeding one mill, as shall be necessary to realize the 
sum so certified, the same to be placed on the tax duplicate 
and collected as other taxes. The proceeds of the said tax 
shall constitute a fund to be known and designated as the 
library fund: Payments therefrom shall only be made upon 
the warrant of the board of trustees of the library, signed 
by the president and secretary thereof. (96 v. 9.) 

§ 107. [Board of education may contract with library asso- 
ciation for use of library.] (§ 3998-5.) The board of educa- 
tion in any city, village or special school district shall have 
power to contract annually with any library corporation or 
other organization owning and maintaining a library, for the 
use of such library, by the residents of such districts, and it 
shall have power to levy annually a tax not exceeding one mill 
on the taxable propery of such district to pay for the same; 
and such board of education shall require an annual report in 
writing from such library corporation or other organization. 
(96 V. 9.) 

§108. [School library.] (§3998-6.) The board of educa- 
tion of any school district of the state, in which there is not 
a public library operated under public authority and free to 
all the residents of such district, may appropriate annually 
not to exceed two hundred and fifty dollars annually from 
its contingent fund for the purchase of books, other than school 
books, for the use and improvement of the buildings for library 
purposes. It may accept any gift, devise or bequest for the 
benefit of such librarj^ No member of the library board shall 
be interested, directly or indirectly, in any contract made by 
the board. The library board shall report annually in writing 
to the board of education. (96 v. 8.) 



163 SCPIOOL LIBRARY — MUSEUM. §§ 109-111 

§109. [Museum.] (§3998-7.) Sec. 7. The board of edu- 
cation of any school district, or any board of trustees managing 
and controlling a library in any school district, may found and 
maintain a museum in connection with and as an adjunct to 
such library, and for such purposes may receive bequests and 
donations of money or other property. (96 v. 9.) 

§110. [Taking effect; existing laws.] (§3998-8.) See. 8. 
This act shall take effect and be in force on and after November 
15, 1902, and all acts or parts of acts not inconsistent herewith 
under which existing libraries are maintained, governed and 
controlled, shall be and remain in full force and effect. (96 
V. 10.) 

§ 111. [City board of education may acquire private library; 
shall be made a public library; board of managers; vacancies 
in board.] (§ 3998-9.) Sec. 1. That whenever in any city or- 
ganized under chapter 4, division 2, of title 12, of the Revised 
Statutes of Ohio, there is a library owned by a private incorpo- 
rated or unincorporated association which the owners, or man- 
agers thereof, are willing to dispose of and to transfer to the 
board of education of such city or school district within which 
said city is situate, the said board of education is hereby author- 
ized to acquire from said association by purchase, or otherwise, 
said library and the propertj^ used by said association for 
library purposes. Upon acquiring title to said library and 
property, the said board of education shall declare the same 
to be a public library and shall elect a board of managers 
therefor, consisting of six persons, two of whom, at the first 
election shall be elected for a period of three years, two for a 
period of two years, and two for a period of one year, and 
thereafter, upon the expiration of said terms, and all succeed- 
ing terms, said managers shall be elected for three years. And 
said board of education shall fill vacancies in said board of 
managers for unexpired terms in like manner, and said board 
of managers shall at all times be amenable to and under the 
control of said board of education as to tenure of office and 
authority and shall serve without compensation. The presi- 
dent of said board of education shall be ex officio a member 
of said board of managers, but otherwise, no member of said 



§§ 112-114 GUIDE FOR OHIO SCHOOL OFFICERS. 164 

board of education shall be a member of said library board. 
(95 V. 74.) 

§112. [Powers and duties of managers.] (§3998-10.) Sec. 
2. Said board of managers shall have the care, custody, con- 
trol and management of said library and propertj^, under such 
rules and regulations as they shall prescribe and shall have the 
power to receive donations of land, money and other things 
of value, and to hold, dispose of, or use the same for the 
benefit of such library. The use of said library shall be free 
to all residents of said city and territory thereto attached for 
school purposes. Said board shall have the power to lease 
or rent suitable place for the use of said library and establish 
a reading room or rooms in connection therewith. (95 v. 74.) 

§113. [Organization of board; librarian and assistants.] 

(§ 3988-11.) Sec. 3. Said board of managers shall elect from 
their number a president, vice-president, and secretary, and 
shall appoint a librarian and such assistants and employes as 
may be necessary for the proper conduct of said library. The 
term of office of said appointees shall be at the pleasure of the 
board, but shall not exceed three years. (95 v. 74.) 

§114. [Tax levy; expenditure of funds.] (§3998-12.) Sec. 
4, For the purpose of paying for such library purchased and 
of maintaining and increasing said library and reading rooms, 
the said board of education may levy upon the general tax du- 
plicate of the school district within which such city is situate, 
a tax not to exceed six-tenths of one mill on each dollar of 
valuation of the taxable property of said school district which 
shall be levied, assessed and collected as other taxes levied by 
said board and shall be in addition thereto. The proceeds of 
said tax when collected, shall constitute and be called the 
library fund, and shall be paid to the treasurer of the school 
district, who shall disburse same only upon warrant of said 
board of managers, signed by the president and secretary 
thereof. Said board of managers shall expend said fund in 
the purchase of books, pamphlets, papers, magazines, period- 
icals, journals, furniture, and such other property as may be 
necessary for such library and reading rooms and in the pay- 
ment of all proper charges for maintenance including the com- 



165 WHEN SCHOOL BOARD CONTROLS LIBRARY. § 115 

pensation of the librarian and other employes of said board. 
No part of said fund shall be transferred or used for any other 
purpose than as provided in this section. All money here- 
tofore appropriated, received, or collected by tax levied for 
public library purposes in said city, or school district, and 
remaining unexpended shall be transferred to said library 
fund, and be expended by said board of managers in accord- 
ance with the provisions of this act. (95 v. 74.) 

§ 115. [In certain cities board may appoint managers of 
library.] (§ 3999.) In cities not having less than twenty 
thousand inhabitants, the board of education having custody 
of any public library therein, may, at any regular meeting, 
adopt a resolution providing for a board of managers of such 
library, and shall thereupon elect by ballot, two persons to 
serve as members of such board for a term of three years, 
two persons to serve for a term of two years, and two persons 
to serve for a term of one year; and annually thereafter two 
persons shall be elected to serve for a term of three years ; all 
vacancies in such board shall be filled by the board of edu- 
cation by ballot, and a person so elected shall serve during the 
unexpired term of his predecessor; the president of the board 
of education shall be a member of the board of managers, 
ex officio; and the board of managers shall at all times be 
amenable to and under the control of the board of education, 
as to tenure of office and authority, and shall serve without 
compensation. 

[Board of trustees in Cincinnati; how appointed; terms.] 

Provided, that in cities of the first grade of the first class upon 
the expiration of the terms of office of the trustees of the public 
library therein, heretofore appointed under this section, as 
amended April 30, 1891, there shall be appointed as successors 
to said board, a board of trustees of said library, consisting 
of seven persons, as follows: Two by the board of education 
of the school district within which such city is situated, two 
by the board having charge of the high schools of such city, 
two by the directors of the university in such city, one of each 
of said appointees shall hold his office for two years, and one 
for three years ; and one by the judges of the court of common 
pleas of the county within which such city is situated, who 



§§ 116-117 GUIDE FOR OHIO SCHOOL OFFICERS. 166 

shall hold his office for a period of three years ; and thereafter 
said boards and said judges shall, upon the expiration of the 
terms of office of said appointees, and each three years there- 
after, appoint successors to said trustees. The appointee afore- 
said of the judges of the court of common pleas shall succeed 
in said board of trustees the president of the board of educa- 
tion, who theretofore was, by virtue of his said office, a mem- 
ber of said board of trustees, and thereafter the right of such 
president of said board of education aforesaid of membership 
in said board of trustees of said library shall cease. 

[Vacancies.] All vacancies in said board of trustees of said 
library shall be filled by the respective bodies having the 
power of appointment. Provided, however, that nothing herein 
shall be construed in any wise to abridge the term of office or 
curtail the powers or duties of the trustees of the public library 
in cities of the first grade of the first class, appointed under 
this section as amended April 30, 1891, during the terms of 
office for which they were appointed. (93 v. 192; 88 v. 446; 
64 V. 100, §1; S. & S., 722.) 

§ 116. [Residents of Hamilton county entitled to use of 
city library.] (§ 3999a.) Each and every resident of the 
county within which is situated any city of the first grade of 
the first class, having therein established a public library, shall 
be entitled to the free use of such library, reading rooms and 
any branch or department of the same, and all the privileges 
thereof, upon such terms and conditions not inconsistent here- 
with, as the board of trustees of such library may prescribe. 
(94 V. 204; 93 V. 193.) 

§ 117. [Powers of trustees in Cincinnati.] (§ 39996.) The 
board of trustees of the public library in cities of the first 
grade of the first class shall have sole and exclusive charge, 
custody and control of the public library in such city, includ- 
ing all property, both real and personal, used and occupied by 
such library, whether acquired heretofore or hereafter, and 
shall have full power to make all rules and regulations neces- 
sary for the proper government, maintenance, care and man- 
agement thereof, and to provide therefor. Said board of trus- 
tees shall have power over, and exclusive control of, the library 
fund hereinafter provided for, and of the expenditure of all 



167 CINCINNATI LIBEAEY. § 118 

moneys collected to the credit thereof. They shall have power 
and it shall be their duty to establish in said city and through- 
out the county within which is situated said library, reading- 
rooms, branch libraries and library stations in connection with 
said library, and to lease and furnish said rooms, buildings or 
parts thereof as are required for such purposes, and to pay all 
necessary expenses connected therewith. They shall have 
power, and it shall be their duty to purchase and pay for all 
books, periodicals, magazines and other literature and supplies 
necessary, in their judgment, for said public library, reading 
rooms, branch libraries and library stations, and to incur the 
necessary expenditures for the encouragement and advance- 
ment of the best use of such library, reading rooms, branch 
libraries and library stations by the public ; all such purchases, 
payments and expenditures to be made out of said library 
fund hereinafter provided for. 

[Employment of librarian and assistants.] They shall have 
power, and it shall be their duty, to employ a librarian, as- 
sistant librarians, and other necessary assistants for such public 
library, reading rooms, branches and stations, to fix the com- 
pensation of persons so employed, and to pay the same out of 
said library fund. Said library board may fix the term of any 
such person employed by them for any period not to exceed 
one year. (93 v. 193.) 

§ 118. "[Tax for library purposes in Cincinnati.] (§ 3999c.) 
For the purpose of increasing, maintaining and managing the 
public library the board last named shall, on demand, furnish 
to the county auditor, board of county commissioners, and 
board of control any information relating to the finances of 
said board, which either may deem necessary in the proper 
discharge of the duties imposed by this act. The provisions 
of section 2834& of the Eevised Statutes shall apply to all con- 
tracts, agreements, obligations and orders involving the ex- 
penditure of money, entered into or made by the board of 
trustees of the public library of any such city, and any action 
of any such board, contrary to the provisions of said section, 
shall be void, except that the certificate of the county auditor 
required by said section shall not be necessary in case of cur- 
rent expenditures, or in case of any other expenditures not 



§§ 119-123 GUIDE FOE OHIO SCHOOL OFFICERS. 168 

exceeding five hundred dollars, or in ease of contracts for the 
employment of officers, assistants or other employes of such 
board. (94 v. 204; 93 v. 194.) 

§ 119. [Disposition of unexpended fund heretofore raised 
for library purposes in Cincinnati.] (§ 3999d.) The amount 
of any fund heretofore raised by a levy or tax by the board of 
education in such city for school library purposes, and all 
library funds remaining unexpended, shall be transferred from 
the respective funds to the library fund herein created, to be 
expended and paid out as herein provided for funds produced 
by a levy made by said board of trustees, and any and all 
funds, bonds, stocks or other species of property held by the 
board of education of such city, or by any of the departments 
of such city for the benefit of the public library thereof, shall 
be transferred to the board of trustees of such public library, 
to be held and controlled b}^ them subject to the terms of the 
respective donations. (93 v. 194.) 

§ 121. [Who ineligible as members of the library board.] 

(§ 3999e.) No member of any of the boards exercising the 
power of appointment of the trustees of the public library, as 
provided in section 3999 (§ 115), shall be appointed or elected 
a member of said library board. (94 v. 204.) 

§ 122. [Carnegie donation, library trustees may accept.] 

(§ 3999/".) Sec. 1. That the board of trustees of the public li- 
brary of the school district of Cincinnati be and it is hereby au- 
thorized to receive and accept the said donation of Andrew Car- 
negie upon the terms and conditions therein expressed, the 
branch libraries constructed under the provisions of said dona- 
tion to be by said library trustees and their successors equipped, 
furnished and maintained, and forever kept open for the free 
use of the public. (95 v. 902.) 

§ 123. [Bonds for sites, equipment, etc., of libraries.] 

(§ 3999(/.) Sec. 2. That for the purpose of providing the sites 
and furnishing the equipment necessary for said branch libra- 
ries the said board of trustees is hereby authorized and empow- 
ered to borrow as a fund therefor such sum as may be neces- 
sary, not exceeding one hundred and eighty thousand dollars, 



169 CINCINNATI LIBRARY. § 124 

and to issue registered or coupon bonds therefor, which shall 
be known and designated as "The Public Library bonds of the 
school district of Cincinnati," and shall be issued in such 
sums and be made payable at such times and places as shall be 
deemed best by said board. Said bonds shall be signed by the 
president and secretary of said board and a record kept 
thereof. They shall bear a rate of interest not exceeding three 
and one-half per centum per annum, and shall not be sold for 
less than par, nor until after four successive weekly advertise- 
ments in two newspapers published and of general circulation 
in said city. For the purpose of paying the interest and pro- 
viding a sinking fund for the final redemption of said bonds, 
the said board of trustees shall levy annually a tax upon the 
taxable property of said school district sufficient in amount to 
pay the said interest upon said bonds, and to provide a sinking 
fund for their final redemption. The said tax shall be certified 
annually by said trustees to the auditor of the county in which 
said school district is situate, and shall be by him placed upon 
the tax duplicate of said district in addition to all other taxes 
allowed by law, and said tax shall be levied, assessed and 
collected as other taxes. The proceeds of said tax, when col- 
lected, shall be credited to the said library trustees of the 
sinking fund for the payment of the said bonds and interest. 
Said trustees shall pay therefrom the said annual interest upon 
said bonds, and the portion assessed and collected for the 
sinking fund shall be invested by them in bonds of the United 
States, state of Ohio, or the city of Cincinnati, and from the 
proceeds of said investment they shall pay the said bonds at 
maturity. (95 v. 902.) 

§124. [Power of trustees to lease or purchase sites, etc.; 
contracts for branch libraries; title to property.] (§ 3999/i.) 
Sec. 2. Said library trustees shall have power to purchase or 
lease and to hold land necessary for suitable sites on which to 
erect said branch libraries, and shall use said fund in the pay- 
ment therefor, and in suitably equipping said libraries for use. 
It shall require the affirmative vote of not less than two-thirds 
of the members of said board to purchase or lease any such 
land or to make any contracts concerning the erection of 
such branch libraries. Purchases made may be for cash or on 
time, and if on time, said board may issue its obligations for 



§§ 125-127 GUIDE FOR OHIO SCHOOL OFFICERS. 170 

the deferred payments and secure the same by mortgage upon 
the land purchased. Said trustees shall have power and they 
are hereby authorized to make all necessary contracts for the 
construction, furnishing and equipping of such branch libra- 
ries. The title to the land acquired under this act shall be 
taken in the name of ''The trustees of the Public Library of 
the school district of Cincinnati," and shall be held by them 
in trust for public library purposes, and said trustees shall 
have the care, custody, management, and control of all prop- 
erty provided for public library purposes under this act. (95 
V. 903.) 

§ 125. [Exemptions from taxes, execution, etc.] (§ 3999i.) 
Sec. 4. All property, real or personal, vested in such library 
board or used for library purposes, shall be exempt from taxa- 
tion, and from sale on execution or any writ or order in the 
nature of an execution. (95 v. 903.) 

§126. [Donations, taxes, etc.] (§3999/.) Sec. 5. Said 
trustees shall have the right to receive and accept donations of 
land, money, or other thing of value, and to invest, use, or dis- 
pose of the same in the interest of the library. (95 v. 903.) 

§127. [Power of trustees to control funds; contracts for 
buildings, etc.] (3999fc.) Sec. 6. The said library trustees, 
and their successors shall be the trustees of said fund so as 
aforesaid raised and provided, and shall have the control and 
disbursement of the same. They may maintain and defend 
suits, appoint, employ and pay officers and agents. No contract 
shall be made for any part of the construction of said library 
building, or for any work to be done in connection therewith, 
which shall involve the expenditure of more than five hundred 
dollars, save upon public advertisement for not less than 
thirty days in two newspapers, printed and of general circu- 
lation in said city, inviting proposals therefor. Said trustees 
shall have power to take such security from any officer, agent, 
or contractor chosen, appointed, or employed by them as they 
shall deem advisable. They shall not become surety for any 
officer, agent or contractor, or be interested directly or in- 
directly in any contract concerning said library. (95 v. 903.) 



171 CLEVELAND LIBRARY, §§ 128-130 

§128. [Officers of trustees; depositories of funds, etc.] 

(3999L) Sec. 7. The said trustees shall choose from their 
number a president, vice-president, secretary and treasurer, and 
may select a depository within said city which shall be a nation- 
al bank or trust company organized under the laws of this state 
in which to deposit any funds coming into the hands of said 
treasurer, and they may make contracts for the safe keeping 
of said funds and the payment of interest thereon. (95 v. 
904.) 

§129. [Cleveland public library.] (§4000.) The public 
library board of the city of Cleveland shall consist of seven 
suitable persons, residents of said city, no one being a member 
or officer of the board of education. The members of the 
library board shall serve without compensation and hold their 
offices for three years and until their successors shall have 
been elected and qualified, except at the first election two 
of the board shall be elected for one year, two for two years, 
and three for three years. After said first election so many 
shall be elected each year as equals the number whose term 
expires that year. They shall be elected by roll-call as in 
other cases by the board of education of the city of Cleveland, 
at its first regular meeting after the third Monday in April, 
1886, and annually thereafter as hereinbefore provided. The 
board of education shall have power at any time to fill va- 
cancies in the library board for unexpired terms by election 
as aforesaid. (1886, April 28; 83 v. 104; 80 v. 172; Rev. Stat. 
1880; 75 V. 101, §1.) 

§130. [Pov^rers and duties of library board.] (§4001.) 
Such library board shall report in writing to the board of edu- 
cation once each year, and oftener if required by the latter, 
shall have exclusive charge and control of the public library 
of the city, and shall have full power to make all rules and 
regulations for the government and management thereof; to 
employ a librarian and such assistants and help as may be 
needed for the care and protection of the library, and to at- 
tend to the drawing and return of books; but prior to such^ 
employment the compensation of such librarian, assistants and 
help, shall be fixed by the library board, a majority of the 
members thereof voting in favor of such compensation, on 



§§ 131-133 GUIDE FOR OPIIO SCHOOL OFFICERS. 172 

roll-call by the secretary, and such librarian, assistants and 
help shall be employed by a vote in the same manner. (1883, 
April 18; 80 V. 172; 78 v. 132; Rev. Stat. 1880; 76 v. 50, § 2.) 

§131. [Library tax, and how expended.] (§4002.) For 

the purpose of increasing and maintaining the public library 
in said city, and the territory thereto attached for school 
purposes, such library board may levy annually a tax of eight- 
tenths of one mill on each dollar valuation of the taxable 
property of the city, and the territory thereto attached for 
school purposes, to be levied, collected and paid in the same 
manner as are school taxes of the city ; all money appropriated, 
received or collected by tax for the library, shall be expended 
under the direction of the library board in purchasing such 
books, pamphlets, papers, magazines, periodicals, journals and 
other property as may be deemed suitable for the public li- 
brary and in payment of all other charges and expenses, in- 
cluding compensation of the librarian, assistants and help 
that may be incurred in increasing and maintaining the li- 
brary, and all claims against said fund shall be approved by 
the president and secretary of said library board and paid 
upon the warrant of the auditor of the board of education in 
the manner now provided by law for the payment of claims 
against said city. (94 v. 26 ; 91 v. 268, 123 ; 90 v. 96 ; 80 v. 172, 
173; Rev. Stat. 1880; 76 v. 50, § 3; 95 v. 438.) 

§ 132. [Cleveland library board to hold title and control 
property.] (§ 4002-1.) Sec. 1. Said library board, in its own 
name shall hold the title to and have the custody, management 
and control of all property of said library board, both real and 
personal, whether acquired heretofore, or hereafter, and shall 
have power over, and the excutive control of the expenditures 
of moneys collected for the purpose of purchasing lands, and 
erecting buildings and also have complete custody, manage- 
ment and control of all public libraries and branches and 
stations thereof, and the reading rooms connected therewith 
(92 V. 590.) 

§ 133. [Can purchase, lease or condemn.] (§ 4002-2.) Sec. 
2. Said library board shall have power, by a tAVO-third vote of 
its members entered upon its journal, to purchase grounds and 



173 CLEVELAND LIBRARY. §§ 134-138 

erect suitable library buildings, and to lease grounds and 
suitable library buildings, and in case suitable grounds can 
not be purchased, to condemn the grounds desired, by virtue 
of the power of eminent domain, and erect thereon suitable 
and appropriate buildings for library use. The title to such 
grounds so purchased or condemned and buildings erected 
shall be taken to and vest in the said library board. (92 v. 
590.) 

§ 134. [Proceedings to condemn.] (§ 4002-3.) Sec. 3. 
When it is deemed necessary by said library [board] to con- 
demn or appropriate private property, whereon to erect libra- 
ry buildings, said library board in making such appropriation 
shall proceed in accordance with the provisions of section 2235 
and subsequent sections found in chapter 3, division 7, title 12 
of the Revised Statutes of Ohio and acts amendatory thereof 
and supplementary thereto. (92 v. 590.) 

§135. [Donations.] (§4002-4.) Sec. 4. Said board may 
by resolution accept any gift, devise or bequest of property, 
real and personal, for the benefit of the library. (92 v. 590.) 

§136. [Exempt from tax and execution.] (§4002-5.) Sec. 
5. All property, real or personal, vested in any public library 
board shall be exempt from taxation and from sale on execution 
or other writ or order in the nature of an execution. All con- 
veyances made by such library board shall be executed by 
the president and secretary thereof. (92 v. 590.) 

§137. [Oath.] (§4002-6.) Sec. 6. Each person appoint- 
ed a member of such board shall, upon entering upon the duties 
of his office, take an oath or affirmation, to obey the consti- 
tution of the United States and the constitution of the state 
of Ohio, and that he will faithfully perform the duties of his 
office. (92 V. 590.) 

§138. [Organization.] (§4002-7.) Sec. 7. Said library 
board at its first meeting in June after the passage of this bill, 
and annually thereafter in June, shall organize by choosing a 
president, vice-president and a secretary, and in the absence 
of the president or his inability to act, the vice-president shall 
perform the duties of the president. (92 v. 590.) 



§§ 139-142 GUIDE FOR OHIO SCHOOL OFFICERS. 174 

§139. [Annual report.] (§4002-8.) See. 8. Said library 
board shall make an annual report to the board of education 
stating the condition of their trust, the various sums of money 
received from the library fund and from other sources and how 
such moneys have been expended, and for what purposes; 
the number of books and periodicals on hand; the number 
added by purchase, gifts or otherwise during the year; the 
number lost or missing, the number of books loaned out and 
the general character of the books, with other statistics, in- 
formation and suggestions as they may deem of general in- 
terest. (92 V. 590.) 

§ 140. [No member of board to be interested in contract, 
except; validity of contract.] (§4002-9.) Sec. 9. No member 
of such library board shall have any pecuniary interest, either 
directly or indirectly, in any contract made with the board or 
be employed in any manner or have any compensation from 
the board of which he is a member, except as secretary, and 
no contract shall be binding upon such board unless it be made 
or authorized to be made at a regular or special meeting of 
the board. (92 v. 590.) 

§141. [Use of library and reading room.] (§4002-10.) 
Sec. 10. Every library and reading-room established under this 
act shall be free to the use of the inhabitants of such city and 
those who reside in the territory thereto attached for school 
purposes, subject, however, to such rules and regulations as 
the library board may deem necessary to adopt and publish, 
to protect and preserve property therein in order to render 
the use of said library and reading-room of the greatest benefit 
to the greatest number; and said library board may exclude 
and cut off from the use of said library and reading-room any 
and all persons who shall wilfully violate any of such rules 
and regulations. (92 v. 590.) 

§ 142. [Bonds to pay for land and building.] (§ 4002^11.) 
Sec. 11. Said library boards may issue bonds with interest cou- 
pons attached, to obtain land and building for a public library 
and to furnish the same and to pay the cost and expense there- 
of, and in anticipation of income from taxes for such purposes 
levied or to be levied, may from time to time, as occasion 



175 CLEVELAND LIBRARY. § 143 

requires, or at any time after the passage of this bill, issue 
and sell bonds, bearing interest, payable semi-annually, at a 
rate specified therein, not exceeding five per cent. (5%) per 
annum, and in such sums and at such times as the library 
board may determine, which bonds shall be numbered con- 
secutively, made payable to the bearer and be signed by the 
president and secretary of the board and denominated "public 
library bonds of the city of Cleveland, Ohio," and the secre- 
tary of said board shall keep a record of the number, date, 
amount and rate of interest on each bond sold, the sum for 
which and the name of the person to whom sold, and the time 
when payable, which record shall be open to the inspection 
of the public at all reasonable times, and the bonds so issued 
shall in no ease be sold for less sum than the par value nor 
bear interest until the purchase money for the same shall have 
been paid by the purchaser and such library board shall pay 
such bonds and the interest thereon when due, provided that 
the total issue of bonds shall not exceed two hundred and fifty 
thousand dollars ($250,000). (92 v. 590.) 

§ 143. [Eesolution to issue; sale of.] (§ 4002-12.) Sec. 12. 
The order to issue such bonds shall be made only at a regular 
meeting of such board and by a vote of five-sevenths of all the 
members thereof, taken by yeas and nays and entered on the 
journal of the board, and such bonds shall be sold to the highest 
bidder after being advertised once a week for four (4) con- 
secutive weeks in a newspaper having a general circulation 
in the county where such bonds are issued, and if there shall 
be more than one newspaper in such city having a general 
circulation in the county where such bonds are issued, then 
the sale of such bonds shall be advertised in at least one ad- 
ditional newspaper of such general circulation in such county, 
the advertisement shall state the total number of bonds to be 
sold, the amount of each, how long they are to run, the rate 
of interest to be paid thereon, whether annually or semi-annu- 
ally, the law or section of law authorizing their issue, day, 
hour and place in the county where they are to be sold, and 
the privilege shall be reserved by such board to reject all or 
any bids, and if said bids are rejected said bonds shall be 
advertised and the moneys arising on premiums of the sale 
of said bonds as well as the principal shall be credited to said 



§§ 144-146 GUIDE FOR OHIO SCHOOL OFFICERS. 176 

fund on account of which the bonds are issued and sold and 
shall be used for the purpose provided in this section. (92 v. 
590.) 

§ 144. [Sinking fund.] (§ 4002-13.) See. 13. For the pur- 
pose of creating a sinking fund for the extinguishment of 
the bonds provided for in the preceding section, said library 
board may annually until the payments of the bonds are fully 
provided for, levy and collect a tax in addition to other taxes 
now authorized to be levied by it, which shall not exceed two- 
tenths of one mill upon the taxable property of the city of 
Cleveland and the territory thereto attached for school purpos- 
es, which tax shall be paid into the treasury of said city and on 
order of the director of accounts of said city paid over to the 
sinking fund commission hereafter provided for and by them 
applied by order of the library board to the extinguishment of 
the bonds in the preceding section provided and to no other 
purpose whatever, and the taxes so levied shall be certified and 
placed on the tax list and collected in the same manner as 
school taxes of said city and such tax shall be a lien upon 
the property whereon they are assessed and the same as state 
and county taxes and subject to the same penalties if delin- 
quent. (92 V. 590.) 

§145. [Trustees of sinking fund.] (§4002-14.) Sec. 14. 
In such city there shall be a board designated as ''the trustees 
of the library sinking fund of the city of Cleveland" composed 
of three (3) citizens thereof, to be appointed by the court of 
common pleas in the county in which such city is situated. 
The first appointment shall be one for the term of one 3^ear, 
one for the term of two years, and one for the term of three 
years and all trustees appointed thereafter shall serve for three 
years, except in case of vacancy, which shall be filed by said 
court for the unexpired term, and before any person appointed 
as a member of such board shall assume the duties of his office 
he shall give bond to the state of Ohio in the sum of five thou- 
sand dollars ($5,000) with not less than two sureties to faith- 
fully discharge his said duties. (92 v. 590.) 

§146. [Their organization.] (§4002-15.) Sec. 15. Such 
trustees immediately after appointment and qualification shall 



177 CLEVELAND LIBRARY. §§147,148 

organize by appointing one of their number as president and 
the director of accounts of such city shall act as secretary of 
said board of trustees and the library board shall provide such 
trustees with a place of meeting, and regular meetings of such 
trustees shall be held on the second Monday of January and 
July of each year, but other meetings may be called by the 
president or any member of the board. Their proceedings 
shall be recorded in a journal kept for that purpose v^hich 
shall at all times be kept open to the inspection of the library 
board or any member thereof and all questions relating to 
the purchase or sale of securities, payment of bonds or interest 
shall be decided by a viva voce vote with the name of each 
member voting recorded on the journal and no question shall 
be decided unless approved by a majority of the whole board. 
(92 V. 590.) 

§147. [Their duty to certify tax.] (§4002-16.) Sec. 16. 
The trustees of such sinking fund shall in the month of May in 
each 3^ear and oftener, if required, certify to the library board 
the rate of tax, not exceeding the limit herein provided, neces- 
sary to provide a sinking fund for the payment of the bonds is- 
sued by authority of this bill together with the amount neces- 
sary to be levied to provide for the payment of the interest 
thereon, and the library board shall levy the amount so certified 
as under this act provided and for the full amount so certified, 
but said library board may increase the amount so reported, 
provided the total amount so levied does not exceed the limi- 
tation provided in this bill. (92 v. 590.) 

§148. [Investments by.] (§4002-17.) See. 17. The trus- 
tees of such sinking fund shall invest all moneys received by 
them in bonds of the United States, state of Ohio, city of Cleve- 
land, city of Cincinnati, city of Columbus, and the city of To- 
ledo, and they shall give preference to the bonds of the city of 
Cleveland, where they can be purchased at a price equal to, 
or, less than the bonds of the United States, or of the state 
of Ohio, taking into consideration the rate of interest paid 
on each, and the interest received shall be reinvested in like 
manner and at no time shall there be more than $5,000 kept 
on deposit if investment can be made, and said trustees shall 



§§ 149-151 GUIDE FOR OHIO SCHOOL OFFICERS. 178 

provide for the payment of all interest on said bonds herein 
authorized to be issued, together with the principal thereof at 
maturity of said bonds, from said funds so invested by them. 
(92 V. 590.) 

§ 149. [Cleveland may appropriate from school fund for 
library.] (§ 4002-18.) Sec. 1. In all cities, which, by the last 
federal census, had, and all those which hereafter, on the first 
day of March, in any year, as ascertained by any federal cen- 
sus, may have, a population exceeding ninety thousand and less 
than two hundred thousand inhabitants, it shall be lawful 
to appropriate from the school fund, an amount equal to the 
proceeds of one-tenth of one mill of the tax levy, to maintain 
or assist in maintaining the public library and pay in part 
the cost and expense of supporting and running any public 
library in said cities in addition to the one-tenth of one mill 
now authorized by law to be raised by taxation for that pur- 
pose ; provided, that this act shall not be construed to author- 
ize any increase in levies for school purposes, including li- 
braries in said cities, over that made in 1877. (75 v. 11.) 

IN TOLEDO. 

§150. [Toledo public library; tax for library.] 

(§ 4002-19.) See. 1. In any city of the third grade of the first 
class, the city council may, by a resolution passed by a majority 
of the members elected thereto, declare it to be essential to the 
interests of such city, to establish and maintain therein a pub- 
lic library and reading-room. That hereafter the said city 
council shall, annually, levy a tax of thirty-five one-hundreths 
(35-100) of one mill on the dollar on the taxable property 
of such city for that purpose, to be called the library fund; 
and which levy shall be certified to the county auditor of the 
county, and by him placed on the tax duplicate of the county 
and collected as other taxes. (94 v. 166; 1888, April 12; 85 
V. 209 ; Rev. Stat. 1880; 70 v. 142.) 

(§4002-20.) Sec. la. Repealed April U, 1900. (94 v. 166.) 

§151. [Board of trustees.] (§4002-21.) Sec. 2. The cus- 
tody and management of such public library and reading-room, 
as well as its entire administration, shall be committed to a 



179 TOLEDO LIBKARY. §§ 151, 153 

board of trustees, nine in number, of whom the mayor of such 
city for the time being shall be one, and the others shall be ap- 
pointed by the common council, four of whom shall be appoint- 
ed from such names as shall be nominated to the common coun- 
cil by the board of education of said city, and shall be citizens 
of approved learning, discretion, and fitness for such office. 
They shall hold their office for the term of four years, and until 
their successors are duly elected and qualified; provided, that 
the trustees first appointed, other than the mayor, shall be 
elected respectively for terms of one, two, three, and four 
years, from the first day of January next following their 
election, two for each term. Any vacancy caused by the 
death, resignation, or removal of a trustee, or otherwise, shall 
be filled for his unexpired term by appointment of the common 
council. No trustees shall have compensation as such. (1888, 
April 12; 85 v. 209, 210; Rev. Stat. 1880; 70 v. 142.) 

§ 152. [Transfer of libraries to such board by the board of 
education.] (§4002-22.) Sec. 3. As soon as said board of 
trustees shall be elected and organized, it shall be the duty of 
the board of education in such city to transfer to the custody 
and control of such board of trustees whatever public library or 
libraries may be in its possession or control, except such books 
of reference, maps or charts as the board of education may 
think proper to retain for use in school buildings ; and there- 
after no tax shall be levied by such board of education for a 
library fund. (1888, April 12; 85 v. 209, 210; Eev. Stat. 1880; 
70 V. 142.) 

§153. [Organization of trustees; regulations; powers; de- 
posit of library funds; warrants; power to purchase or con- 
demn grounds; issue and sale of public library building bonds; 
payment of said bonds and interest; title to grounds pur- 
chased; librarians and assistants.] (§4002-23.) Sec. 4. Said 
trustees shall immediately after their appointment, meet and 
organize by the election of one of their number as president, 
and by the election of such other officers as they may deem 
necessary. They shall make and adopt such by-laws, rules 
and regulations for their own government and guidance of the 
library, reading room and employes as may be expedient and 
not inconsistent with this act. 



§ 153 GUIDE FOR OHIO SCHOOL OFFICERS. 180 

[Exclusive control.] They shall have power over and the 
exclusive control of the expenditure of all moneys collected 
to credit of the library fund, and of the supervision, care, 
custody and control of the grounds and buildings constructed 
for such purpose, or rooms leased or set apart for such pur- 
pose; provided, that all moneys collected for such library, in- 
cluding proceeds of the bonds herein authorized, and all others, 
shall be deposited in the treasury of said city to the credit 
of the library fund, and shall be kept separate and apart from 
other funds, and the city auditor shall issue his warrant when 
drawn upon by said board of trustees, or by its proper officers 
duly authorized. 

[Purchase grounds.] Said board shall have the power, by 
a two-third vote of said trustees entered upon its journal, 
to purchase grounds, and in case suitable grounds can not be 
purchased, to condemn the grounds desired, and erect thereon 
suitable and appropriate building or buildings for the use of 
said library; the cost of such ground and buildings not to 
exceed in the aggregate the sum of $45,000; and for such 
purpose said board is authorized and empowered to borrow 
money upon bonds as hereinafter provided to pay for the 
same, not to exceed the aggregate, the sum of $45,000; and 
the said boards of trustees is authorized to issue and sell its 
bonds, for the above named amount, with coupons for in- 
terest, divided into and payable in fifteen consecutive annual 
payments; the first of which shall become due three years 
after their issue. 

[Issue bonds.] Said bonds shall be denominated ''The Pub- 
lic Library Building Bonds" of said city, and shall be for the 
sum of $500 each, payable to bearer, and bear interest at 
the rate not exceeding four and one-half per cent, per annum, 
payable semi-annually. Said bonds and coupons shall be 
signed by the president of said board and attested by its sec- 
retary; and in making sale of said bonds the said board of 
trustees shall be governed by the provisions of an act of the 
general assembly passed March 22, 1883 (0. L., vol. 80, p. 68), 
entitled "an act providing. for the sale of public lands." 

[Payment of bonds.] To meet the payment of said bonds 
and interest, the said board of trustees shall appropriate and 
set apart annually from said library fund, a sum sufficient for 



181 TOLEDO LIBRARY. § 15-4 

such purpose, not to exceed one-half of the tax revenues col- 
lected for such year. 

[Title to land.] The title to such grounds so purchased 
shall be taken to and vest in the trustees of the public library 
of such city; said trustees shall be held and considered to be 
special trustees thereof for such city. Said board shall have 
power to appoint suitable librarians and necessary assistants, 
fix salaries of same, and shall, in general, carry out the spirit 
and intent of this act in establishing and maintaining the best 
public library and reading-room with the means at their dis- 
posal. (1888, April 12; 85 v. 209, 210; Rev. Stat. 1880; 70 v. 
142.) 

§ 154. [Additional bonds authorized to be issued for cer- 
tain purposes.] (§4002-24.) Sec. 4a. For the purpose of en- 
abling said board of trustees to construct said building or build- 
ings so as to make it or them fireproof, and thereby insure pro- 
tection to the large and valuable library to be kept therein, and 
to pay the increased cost of such construction, and complete 
said building or buildings, and provide necessary furniture 
for same, and to pay for grading the library grounds and con- 
structing walks, said board of trustees is hereby authorized 
to issue and sell aditional bonds to an amount not in excess 
of thirtj^-five thousand dollars ($35,000) ; said additional bonds 
shall bear interest, be issued, sold, the proceeds deposited, 
drawn, used, and the interest and principal paid, as provided, 
and subject in all respects to all the conditions named in said 
original section 4, for the bonds therein authorized, except 
as follows: the bonds hereby authorized, shall mature, three 
thousand dollars ($3,000.00) July 1, 1890; five thousand dol- 
lars ($5,000.00) July 1, 1906; and five thousand dollars ($5,- 
000.00) July 1, of each succeeding year until July 11, 1911, 
when seven thousand dollars ($7,000.00) shall mature, but if 
it be found unnecessary to issue all of said bonds, those not 
issued shall be those last to mature as aforesaid; and the 
rate of interest shall not exceed four per cent, on those bonds 
to mature July 1, 1906, and thereafter; and said board shall 
annually appropriate and set apart such additional sum as 
may be necessary to pay said bonds and the interest thereon 
as the same mature. (1889, March 12; 86 v. 79.) 



§§ 155-158 GUIDE FOR OHIO SCHOOL OFFICERS. 182 

§155. [Purchase of a site for library.] (§4002-25.) Sec. 
4&. That on the request of said board by a two-thirds vote of 
all of the trustees, entered on its journal, any such city of the 
third grade of the first class, may purchase, appropriate, enter 
upon and hold, any real estate within its limits, by it deemed 
necessary for the purpose of providing said public library with 
suitable library grounds and extensions or additions thereto. 
The cost and expense of acquiring such grounds, extensions 
or additions shall be paid for by the trustees of such public 
library, out of any moneys in its hands or due and owing to 
it from the public libray fund. (88 v. 92.) 

§156. [Appropriation of private property.] (§4002-26.) 
Sec. 4c. That when it is deemed necessary by any such city of 
the third grade of the first class to appropriate private property 
as heretofore provided in said supplementary section 4&, any 
such city shall proceed in making such appropriation under 
and in accordance with the provisions of section 2235 and the 
subsequent sections thereto as found in chapter 3, division 7, 
title 12 of the Revised Statutes of this state, in so far as the 
same are applicable. (88 v. 335.) 

§157. [Additional building bonds.] (§4002-27.) Sec. 4d. 
For the purposes specified in said original section four (4) and 
the first section supplemental thereto, section 4a, and to com- 
plete the carrying out of such purposes, and paying therefor, 
said board of trustees is hereby authorized to issue and sell ad- 
ditional bonds to an amount not in excess of five thousand dol- 
lars ($5,000.00) ; and such additional bonds shall be issued 
and sold and their proceeds disposed of and their payment 
including interest provided for, in all respects in the same 
manner and subject to the same conditions, as provided in 
said supplemental section 4a for the bonds to mature July 1, 
1906, and thereafter, except that those hereby authorized shall 
mature July 1, 1912. (89 v. 419.) 

§ 158. [Library to be free, subject to reasonable rules.] 

(§4002-28.) Sec. 5. Every library and reading-room estab- 
lished under this act, shall be and remain forever free to the use 
of the inhabitants of such city, subject, however, to such rea- 
sonable rules and regulations as the library board may find and 



183 TOLEDO LIBRARY. §§ 159-161 

deem necessary to adopt and publish, to protect and preserve 
the property therein, in order to render the nse of said library 
and reading-room of the greatest benefit to the greatest num- 
ber; and said board may exclude and cut off from the use of 
said library and reading-room, any and all persons who shall 
wilfully violate any of such rules and regulations. (1888, April 
12; 85 V. 209, 211; Rev. Stat. 1880; 70 v. 142.) 

§159. [Annual report to city council.] (§4002-29.) Sec. 
6. The said board of trustees shall make an annual report to 
the city council, stating the condition of their trust, the various 
sums of money received from the library fund, and from other 
sources, and how much moneys have been expended, and for 
what purpose ; the number of books and periodicals on hand ; 
the number added by purchases, gifts or otherwise during 
the year; the number lost or missing, the number of books 
loaned out, and the general character and kind of such books, 
with other statistics, information and suggestions as they may 
deem of general interest. (1888, April 12; 85 v. 209, 211; Rev. 
Stat. 1880; 70 v. 142.) 

§ 160. [Penalty for injuring library property.] (§ 4002-30.) 
Sec. 7. The city council of such city shall have power to pass 
ordinances imposing suitable penalties for the punishment of 
any and all persons committing injury upon such library build- 
ings, grounds or other property thereof. (1888, April 12; 
85 V. 209, 211; Rev. Stat. 1880; 70 v. 142.) 

§ 161. [Power of trustees to accept donations, etc.] 
(§ 4002-31.) Sec. 8. Any person or persons desiring to make, 
devise or bequest, donation or gift of either books, personal 
property, money or real estate, to and for the use and benefit of 
such library, may vest the same or title thereto in the said trus- 
tees created under this act; to be held and controlled by said 
board, its successors, when accepted, according to the terms 
of such devise, bequest or deed of gift of such property; and 
as to such property the said board of trustees shall be held 
and considered special trustees thereof. (1888, April 12; 85 v. 
209, 212; Rev. Stat. 1880; 70 v. 142.) 



§§ 162-164 GUIDE FOR OHIO SCHOOL OFFICERS. 184 

IN DAYTON. 

§ 162. [Dayton public library board; election of.] 

(§ 4002-32.) Sec. 1. In any city of the second grade of the 
second class the city board of education may elect by ballot, a 
special board of six competent persons, residents and electors 
of said city or school district, to be called the library board, 
which board shall have the sole custody, control and manage- 
ment of the public library of such city and of any reading- 
rooms, branch libraries or library stations by said library board 
established in connection with such public library. (89 v. 229; 
84 V. 171.) 

§163. [Political composition of; terms; vote required to 

elect.] (§4002-33.) Sec. 2. The six members of said library 
board shall be selected equally from the two political parties 
having the largest representation in the city board of educa- 
tion and shall be elected as follows : Two for a term of one 
year, two for a term of two years and two for a term of three 
years, one member from each of said political parties to be elect- 
ed for each of several terms; and at the end of the first year 
and of each year thereafter, two members of said library 
board, one from each of said political parties, shall be elected, 
by ballot, by said board of education for the term of three 
years. It shall require the affirmative vote of a majority 
of all the members elected to said board of education to elect 
the members of said library board. (89 v. 229; 84 v. 171.) 

§164. [Powers and duties.] (§4002-34.) Sec. 3. Said li- 
brary board shall have power over and the exclusive control of 
the library fund hereinafter provided for, and of the expendi- 
ture of all moneys collected to the credit thereof. They shall 
have power to establish in said city reading-rooms, branch li- 
braries and library stations in connection with such public li- 
brary, and to lease and furnish such rooms, buildings or parts 
thereof as are required for such purposes, and to pay all neces- 
sary expenses connected therewith. They shall have power and 
it shall be their duty to purchase and pay for all books, periodi- 
cals, magazines, and other literature, and supplies necessary, 
in their judgment, for said public library, reading-rooms, 
branch libraries and library stations, and to incur the neces- 



185 DAYTON LIBRARY. §§165,166 

sary expenditures for the encouragement and advancement 
of the best use of such public library, reading-rooms, branches 
and stations, by the public ; all of such purchases, payments 
and expenditures to be made out of said library fund herein- 
after provided for. They shall have power and it shall be 
their duty to employ a librarian, assistant librarians, janitors 
and other necessary assistants for such public library, reading- 
rooms, branches and stations, to fix the compensation of per- 
sons so employed and to pay same out of said library fund. 
Said library board may fix the term of such persons employed 
by them for any period not to exceed one year. (89 v. 229; 
84 v. 171.) 

§ 165. [Expenses of library for ensuing year.] (§ 4002-35.) 
Sec. 4. Said library board shall, annually, prior to the annual 
levy of taxes made by the city board of education, report and 
certify to such city board of education a statement of the 
amount by said library board deemed necessary for the ex- 
penses and expenditures of such library board for the ensuing 
year ; and said city board of education shall annually levy a tax 
for such library purposes and for the use of such librarj^ board 
for such purposes for such ensuing year to the full amount so 
reported and certified by said library board; provided, how- 
ever, that the amount so levied shall not exceed the amount 
hereinafter authorized to be levied for such purposes. The 
fiscal year of said librarj^ board shall be the same as that of 
the board of education. (89 v. 229; 84 v. 171.) 

§ 166. [Tax for library fund; custodian; disbursements and 
balance.] (§4002-36.) Sec. 5. The board of education of 
said city wherein a library board exists under the act to which 
this act is amendatory or shall hereafter be elected under this 
act, shall have the power and it shall be the duty of such board 
of education to levy annually for such public Library purposes 
a tax not exceeding four-tenths of one mill on the dollar of 
the city valuation, to be called the library fund, which levy 
shall be certified by said board of education to the county 
auditor of the county in which said city is situate, within the 
time and in the manner fixed for the certifying of other levies 
made by said board of education; and [which levy shall be 
by said auditor placed on the tax duplicate of the county] 



§ 167 GUIDE FOR OHIO SCHOOL OFFICERS. 186 

and collected as other taxes. Such levy for library purposes 
shall not be a part of the general levy authorized to be made 
by such board of education for school purposes. The money 
realized from sard levies and all moneys received or collected 
by the trustees for the library, shall be placed in the treasury 
of the county, subject to the order of the board of trustees 
of said library. Said funds shall be kept separate and apart 
from other funds and the treasurer shall be the custodian there- 
of, and no money shall be drawn therefrom except upon the 
requisition of the board of trustees of the library, certified 
by the president and secretary of said board and directed to 
said county treasurer. Any part of said funds unexpended 
during any year shall remain to the credit of said library fund. 
(94 V. 484; 89 v. 229; 84 v. 171.) 

§167. [Provisions governing board.] (§4002-37.) Sec. 6. 
Said library board shall, immediately after their election meet 
and organize by the election of a president, a secretary and 
other necessary officers from their number, and such election 
shall be held annually thereafter. Said board shall make and 
adopt such by-laws, rules and regulations for their own govern- 
ment and guidance and for the government and guidance of the 
public library, reading-rooms, branch libraries, and stations, 
and of the employes of said board as may be expedient and not 
inconsistent with this act, and said board shall, by their by- 
laws, designate the officers authorized to draw orders upon 
said library fund. Any public library now established in any 
such city and which is maintained and in operation under 
and by virtue of the provisions of the act to which this act 
is amendatory, and the existing library board of such city and 
the officers thereof, shall be governed by the provisions of this 
act ; and such library board shall succeed to and be vested 
with all the rights, powers and privileges, and charged with 
all the duties herein granted or imposed; and the members of 
such existing library board elected thereto by the board of 
education prior to the taking effect of this act shall continue 
as such until the expiration of their present terms, and their 
successors shall be elected pursuant to the provisions hereof. 
The present officers of such existing library board shall con- 
tinue in office until the expiration of their present terms as 
such officers or until a vacancv occurs therein prior to such 



187 MUSEUM IN LIBRARY. § 168 

expiration when their successors shall be elected pursuant to 
the provisions hereof. "Where such existing library board 
has heretofore reported to such board of education their esti- 
mate of the expenses of such library for the current year, pur- 
suant to the provisions of the act to which this act is amenda- 
tory, such board of education shall forthwith upon the taking 
effect of this act, set apart and pay over to the said county 
treasurer as the treasurer of such library fund the unexpended 
balance of the appropriation heretofore made by such board of 
education for such library expenses for the current year, which 
balance shall become and constitute a part of said library 
fund hereinbefore provided for and shall be expended by said 
library board for the maintenance, management and expenses 
of such public library, reading-rooms, branch libraries and li- 
brary stations, for the remainder of such current year. (89 
V. 229; 84 V. 171.) 

§ 168. [Museum may be established.] (§ 4002-38.) Sec. 1. 
In any city of the second grade of the second class, wherein 
there now is or shall hereafter be a public library of such city, 
under the control, custody and management of a library board 
established pursuant to the provisions of an act entitled ^'An 
act to provide for competent and non-partisan public library 
boards in cities of the second class, second grade," passed 
March 21, 1887 (0. L., v. 84, p. 171), and of acts amendatory 
thereto, such library board shall have the power, and is hereby 
authorized to establish and maintain, in connection with such 
public library, a public museum for the benefit of the public 
of such city; and such board may appropriate and expend, 
out of the amount of the tax levy heretofore or hereafter annu- 
ally made for library purposes and for the use of such board, 
such amounts as are in their judgment necessary for the es- 
tablishment and maintenance of such public museum. Such 
library board is empowered to receive, by way of gift, loan or 
purchase, specimens and collections for such museum, to be 
accepted and held by such board and their successors in office, 
in trust for museum purposes, and under such conditions and 
regulations as they may from time to time establish. Such 
library board may make, from the funds arising from such 
levy, such purchases of specimens and collections for such 



§§ 169-171 GUIDE FOR OHIO SCHOOL OFFICERS. 188 

museum, as shall not impair the proper and sufficient use of 
such funds for library purposes. (90 L. L. 377.) 



IN SMALLER CITIES AND VILLAGES, 

§ 169. [Certain cities and villages may have libraries; tax.] 
(§4002-39.) Sec. 1. The common council of every city not ex- 
ceeding in population thirty thousand inhabitants and of every 
incorporated village shall have power to establish and main- 
tain a public library and reading-room, and for such purpose 
may annually levy and cause to be collected, as other general 
taxes are, a tax not exceeding one mill on each dollar of the 
taxable property of such city or village, to constitute the 
library fund, which shall be kept by the treasurer separate 
and apart from other money of the city or village, and be used 
exclusively for the purchase of books, periodicals, necessary 
furniture and fixtures and whatever is required for the proper 
maintenance of such library and reading-room. (89 v. 98.) 

§170. [Directors.] (§4002-40.) Sec. 2. For the govern- 
ment of such library and reading-room there shall be a board of 
six directors, appointed by the council of such city or village 
from among the citizens thereof at large, and not more than 
one member of the council of such city or village shall at any 
one time be a member of said board. Such directors shall 
hold their office for three years from the date of appoint- 
ment, and until their successors are appointed, but upon their 
first appointment they shall divide themselves at their first 
meeting by lot into three classes, one-third for one year, one- 
third for two years, and one-third for three years, and their 
terms shall expire accordingly. All vacancies shall be im- 
mediately reported by the directors to the proper council, 
and be filled by appointment in like manner; and if an un- 
expired term, for the residue of the term only. No compen- 
sation whatever shall be paid or allowed to any director. (89 
V. 98.) 

§171. [Organization; by-laws, etc.; control of expendi- 
tures; custody of building; how money drawn from treasury; 
librarian and assistants.] (§4002-41.) Sec. 3. Said directors 
shall, immediately after their appointment, meet and organize 
by the election of one of their number president, and by the 



189 LIBRARY SMALLER CITIES. §§ 172-174 

election of such other officers as they may deem necessary. 
They shall make and adopt such by-laws, rules and regulations 
for their own guidance, and for the government of the library 
and reading-room, as may be expedient. They shall have the 
exclusive control of the expenditures of all moneys collected for 
the library fund, and the supervision, care and custody of the 
rooms or buildings constructed, leased or set apart for that 
purpose, and such money shall be drawn from the treasury 
by the proper officers, upon the properly authenticated voucher 
of the board of directors, without otherwise being audited. 
They may, with the approval of the common council, lease 
and occupy, or purchase, or erect on purchased ground, an 
appropriate building, provided that no more than half the 
income in any one year can be set apart in said year for such 
purpose or building. They may appoint a librarian and as- 
sistants, and prescribe rules for their conduct. (89 v. 98.) 

§172. [Who may use library.] (§4002-42.) Sec. 4. Every 
library and reading-room established under this chapter shall 
be forever free for the use of the inhabitants of the city or vil- 
lage where located, always subject to such reasonable rules and 
regulations as the library board may find necessary to adopt 
and publish in order to render the use of said library and 
reading-room of the greatest benefit to the greatest number; 
and they may exclude and cut off from the use of said library 
and reading-room any and all persons who shall wilfully vio- 
late such rules. (89 v. 98.) 

§ 173. [Annual report.] (§ 4002-43.) Sec. 5. The said 
board of directors shall make an annual report to such council, 
stating the condition of their trust — the various sums of money 
received from the library fund, and from all other sources, and 
how much has been expended ; the number of books and 
periodicals on hand; the number added by purchase, gift or 
otherwise during the year; the number lost or missing, the 
number of books loaned out, and the general character and 
kind of such books, with such other statistics, information and 
suggestions as they may deem of general interest. (89 v. 98.) 

§174. [Donations.] (§4002-44.) Sec. 6. All persons de- 
sirous of making donations of money, personal property or real 



§§ 175-177 GUIDE FOR OHIO SCHOOL OFFICERS. 190 

estate, for tlie benefit of such library, shall have the right to 
vest the title of the same in the board of directors created under 
this law, to be held and controlled by said board, when ac- 
cepted according to the terms of the deed of gift, devise or 
bequest of such property, and as to such property the said 
board shall be held and considered to be special trustees. 
(89 V. 98.) 

§ 175. [Tax to assist existing library association.] 

(§ 4002-45.) Sec. 7. In case a free public library has already 
been established in any city or incorporated village, and duly 
incorporated and organized, the council may levy a tax for its 
support as provided in this act, without change in the organi- 
zation of such library association, and the sum so raised shall 
be paid to the olScer or officers duly authorized to receive 
the same, and shall be under the control of the said library 
association ; provided, that if at any time such library associa- 
tion ceases to exist or from any reason fails to provide a free 
circulating library as required by the provisions of this act, 
the books and other property accumulated from the proceeds 
of the levy herein authorized shall become the property of the 
city or village and be subject to the control of the council 
as herein provided. (89 v. 98.) 

§176. [Library association in certain cities; levy.] 

(§4002-46.) Seel. In any city of the fourth grade of the 
second class, and in which city there is established and main- 
tained by a public library association duly incorporated, but not 
organized for profit, a public library, free to all the inhabitants 
of such city, the board of education shall levy or cause to be 
levied an annual tax, in addition if need be to the annual 
amount of taxes limited by law for school purposes, of not 
less than three-tenths and not to exceed five-tenths of a mill 
on all the taxable property within such city and school dis- 
trict, to be called ''a public library fund," which shall be 
certified to the county auditor of the county and placed on 
the tax duplicate of the county, and collected as other taxes. 
(93 V. 8.) 

§177. [Disposition of tax.] (§4002-47.) Sec. 2. Said tax 
when so levied and collected shall be paid over by the treasurer 



191 LIBRARY — SMALLER CITIES. §§ 178-180 

of the board of education to the treasurer of said library asso- 
ciation, to be used only in the purchase of books, pamphlets, 
magazines or newspapers, and for general library expenses 
of said library association, (93 v, 8.) 

§ 178. [Library association to render account; shall main- 
tain free public library; city shall maintain library if associa- 
tion cease to exist; may levy tax.] (§ 4002-48.) Sec. 3. Said 
board of education shall require said library association to ren- 
der an account as often as it shall deem proper of all taxes so 
received by it, and how the same have been expended. Said 
association shall keep up and maintain in a public place in 
such city a public library free to all the inhabitants thereof, 
and to all persons residing within said school district. Pro- 
vided, further, that if said public library association shall for 
an}^ cause cease to exist then all property of said association, 
real and personal, shall immediately become vested in the city 
wherein said library association is established and maintained, 
and that had heretofore been taxed for the purpose of main- 
taining the same ; and it shall become the duty of said city 
or municipality to have the charge of and care of such prop- 
erty in the same manner as other property of said city, and 
to carry out the educational purposes for which this act was 
originally intended, and may, if occasion require, levy taxes 
for said purposes upon the personal and real property of said 
city, and collect the same as other taxes are now levied and 
collected. (93 v. 9, § 3; 95 v. 417, § 4002-48.) 

§179. [Tax in lieu of other taxes.] (§4002-49.) Sec. 4. 
The tax so levied shall be in lieu of all other taxes levied for 
school library purposes, and no other levy shall be made for 
such purpose ; 

[Purchase of school apparatus; levy.] Provided, however, 
that nothing herein shall prohibit the board of education from 
purchasing all necessary philosophical or other apparatus for 
the schools and making necessary levies therefor. (93 v. 9.) 

§ 180. [Consolidation of libraries in Portsmouth author- 
ized.] (§ 4003.) In all cities which at the last federal census 
had, or at any subsequent federal census may have, a popula- 
tion of ten thousand five hundred and ninety-two, it shall be 



§§ 181-183 GUIDE FOR OHIO SCHOOL OFFICERS. 192 

lawful to merge any public library therein heretofore estab- 
lished with any other library or reading-room therein existing ; 
but the library formed by such consolidation shall be kept 
open for the use of the public at all reasonable hours. (75 v. 
541, § 1; 76 V. 97, § 1.) 

§ 181, [Board of Portsmouth to appoint library commit- 
tee.] (§4004.) The board of education of every such city 
shall, at its first regular meeting after the second Monday 
in June, 1879, elect by ballot three suitable persons, residents 
of the city, but other than members of such board, who shall 
be known as the library committee of the city, one to serve 
for one year, one for two years, and one for three years, and 
until their successors are duly elected and qualified, and shall, 
annually thereafter, elect in like manner one person with the 
same qualifications to serve for three years, and until his suc- 
cessor is elected and qualified; and any vacancy in such com- 
mittee shall be filled for the unexpired term at the first regu- 
lar meeting of the board held after the same occurs. (75 v. 
541, § 2; 76 V. 97, § 2.) . 

§182. [Powers and duties of such committee.] (§4005.) 
Such committee shall report in writing to the board of educa- 
tion at least once each year, and oftener if required by the 
board, and shall have entire charge and control of the school 
library in the city with full power to make all rules and regu- 
lations for the government and regulation thereof, to employ 
a librarian, and such assistants and help as may be needed 
for its care and protection, and to require of the librarian 
such bond as they may deem proper for the faithful perform- 
ance of his duties, and to attend to the drawing and return 
of books; but the salary of such librarian, and the rate of 
compensation of such assistants and help, shall be fixed by 
resolution prior to such employment. (76 v, 97, § 3.) 

§ 183. [Powers and duties of library committees in Ports- 
mouth.] (§ 4006.) For the purpose of increasing and main- 
taining school libraries in cities mentioned in section four 
thousand and three (§ 180) of the Revised Statutes of Ohio, 
and the territory thereto attached for school purposes, such 
library committee in such cities is authorized to annually levy 



193 TOWNSHIP LIBRARY. §§ 184, 184a 

a tax of three-tenths of one mill on the dollar valuation of 
the taxable property of such cities aforesaid, and the territory 
thereto attached for school purposes, to be. assessed, collected 
and paid in the same manner as are the school taxes of such 
cities, and all money appropriated or collected by tax for such 
library shall be expended under the direction of said library 
committee in the purchase of such books, pamphlets, papers, 
magazines, periodicals and journals, as may be deemed suitable 
for the public school library, and in payment of all other costs 
and charges, including the salaries of the librarian and assist- 
ants, that may be incurred in maintaining said libraries, the 
bills and payrolls for which said expenditures, shall, upon the 
order of the library committee, be certified by the chairman 
and secretary of such committee, and paid by the treasurer 
of the board of education of said city from such library fund. 
(92 V. 309; 78 v. 176; Rev. Stat. 1880; 75 v. 541, § 2; 76 v 
97, § 4.) 

§ 184. [Transfer of property.] That it shall be lawful for 
'any municipal corporation in this state to transfer by ordi- 
nance duly passed, any property, real or personal, acquired 
or suitable for library purposes, to the trustees of any public 
library for the school district within which such municipal 
corporation is situate, upon such lawful terms and conditions 
as may be agreed to between said municipal corporation and 
said trustees. (97 v. 334.) 

The trustees of any public library in any such school district 
are hereby authorized and empowered to receive and accept 
any such transfer, and to receive and accept from any other 
source or acquire in any other manner, any property, real or 
personal, for library purposes, and use and apply the same 
for such purposes, and to enter into any contract relating 
thereto. (97 v. 334.) 

See § 52, transfer of funds. 

AN ACT. 

§ 184a. [Trustees of township to lexy tax for library.] 

(Sec. 1.) That the trustees of each township shall have power 
to levy and collect a tax not exceeding one-half mill on each 
dollar of the taxable property of the township, annually, and 
to pay the same to a private corporation or association main- 



§ 184a GUIDE FOR OHIO school officers. 194 

taining and furnishing a free public library for the benefit 
of the inhabitants of the township as and for compensation 
for the use and maintenance of the same, and without change 
or interference in the organization of such corporation or asso- 
ciation, requiring the treasurer of such corporation or asso- 
ciation to make an annual financial report, setting forth all 
the money and property which has come into its hands during 
the preceding year, and its disposition of the same, together 
with any recommendation as to its future necessities. (98 v. 
47.) 

Sec. 2. That the county auditor at each semi-annual col- 
lection of taxes, where a tax for library purposes has been 
levied by the township trustees, shall certify the amount col- 
lected from said levy for library purposes to the township 
clerk; and the township clerk shall forthwith draw his war- 
rant on the township treasurer, payable to the treasurer of 
the library association for the amount so certified by the 
auditor. (98 v. 47.) 

Sec. 3. That if at any time such library corporation or 
association ceases to exist or from any reason fails to provide 
a free public library as required by the provisions of this act, 
the books and other property accumulated from the proceeds 
of the levy herein authorized shall become the property of the 
township and be subject to the control of the trustees of the 
township. (98 v. 47.) 



195 



SCHOOLS AND ATTENDANCE ENFORCED. 



CHAPTEE 9. 



SCHOOLS AND ATTENDANCE ENFORCED. 



Section. 
§185 (4007) 



§186 (4007-1) 

§ 187 (4007-2) 

§ 188 (4007-3) 

§189 (4007-4) 



§190 (4007-5) 



§191 (4007-6) 



Sufficient elemen- 
tary schools 
must be provid- 
ed; number of 
weeks to be con- 
tinued; graded 
course of study 
required. 

Elementary 
school defined. 

High school de- 
fined. 

College defined. 

High schools clas- 
sified; first 
grade; second 
grade; third 
grade. 

Diploma to be 
given to gradu- 
ate of h i g n 
school; certificate 
as to grade of 
school; admis- 
sion without ex- 
amination to pro- 
fessional school; 
exception; who 
eligible to take 
examination for 
admission to bar 
or to enter pro- 
fessional school ; 
exception. 

Information as to 
character of high 
school to be fur- 
nished state com- 
missioner of 
common schools 
by clerk of board 
of e d u c a t i on; 
filed when ; cer- 
tificate as to 
grade of school ; 
withholding ap- 
proval of curri- 
culum ; penalty 
for failure to 
give information. 



Section. 



(4008) 
§ 192 (4009) 



§ 193 (4009-1) 



§ 194 (4009-2) 

(4009-3) 
(4009-4) 
(4009-5) 
(4009-6) 
(4009-7) 
(4009-8) 
(4409-9) 
(4009-10 
(4009-11 
(4009-12 
(4009-13 
(4009-14 
§195 4009-15) 



§ 196 (4009-16 



§197 (4010) 



required by this 
section. 

Repealed. 

Any board of ed- 
ucation may es- 
t a b 1 i s h high 
school ; discon- 
tinuance thereof. 

Township high 
schools ; manage- 
ment and control 
thereof; school 
houses, etc. ; ad- 
mission of pu- 
pils. 

Estimate of funds 
needed. 

Repealed. 

Repealed. 

Repealed. 

Repealed. 

Repealed. 

Repealed. 

Repealed. 
) Repealed. 
) Repealed. 
) Repealed. 
) Repealed. 
) Repealed. 
Joint township 
high school ; un- 
ion of township 
and village or 
special districts 
for high school 
purposes; elec- 
tions; control of 
high school; 
funds for main- 
tenance of high 
school. 
) Repeal of former 
laws relating to 
joint township 
and union high 
school and sub- 
stituting new 
law. 

Schools at chil- 
dren's homes, or- 



GUIDE FOR OHIO SCHOOL OFFICERS. 



196 



Section. 



§219 



(4020-21) 
(4020-22) 
(4020-23) 



§ 220 (4020-24) 



§ 221 (4020-15) 



§222 

§223 



(4021) 
(4022) 



§ 224 (4022a) 



§225 (4022-1) 



§ 226 (4022-2) 



§227 (4022-3) 



§228 
§229 



(4022-4) 
(4022-5) 



Repealed, 
nepealed. 
Instruction as to 
effect 'of alcoholic 
drinks on the hu- 
man system, re- 
quired in public 
schools; provis- 
ions therefor. 
Instruct ion of 
teachers; exami- 
nation of teach- 
ers required; 
duty of commis- 
sioner of common 
schools. 

Penalty for fail- 
ure to give such 
instruction. 

German language 
taught, how. 
Pupils may be 
sent from one 
district to anoth- 
er. 

Attendance when 
pupils live over 
one and one-half 
miles from 
school ; payment 
of tuition, how 
computed. 

In what branches 
children must be 
taught; neces- 
sary time of at- 
tendance ; excuse ; 
appeal in case of 
refusal to ex- 
cuse; penalty for 
failure to place 
child in school 
as herein provid- 
ed. 

Employment of 
children under 
age of sixteen 
years; when un- 
lawful ; penalty. 

Attendance of mi- 
nors in certain 
cases ; employ- 
ment of such mi- 
nors; penalty. 

Juvenile disorder- 
ly persons. 

T r u a nt officers; 
powers and du- 
ties. 



§ 233 (4022-9) 



234 (4022-10) 



§235 (4022-11) 



Section. 

§230 (4022-6) Report of princi- 
pal and teachers. 
§ 231 (4022-7) Proceedings in 

case of truancy ; 
penalties. 
§232(4022-8) Proceedings 
against juvenile 
disorderly per- 
sons. 

Relief to enable 
child to attend 
school required 
time. 

As to institution 
for deaf and 
dumb or institu- 
tion for the blind. 
Penalties; juris- 
diction; viola- 
tions by corpora- 
tions; disposition 
of fines collected; 
employment of 
attorney; com- 
pensation. 
Repeated viola- 
tions.- 

Sufficient school 
a c commodations 
to be provided. 
Costs in prosecu- 
tion under this 
act. 

Repealed. 
Repealed. 
Repealed. 
Free school books. 
Repealed. 
Repealed. 
Repealed. 
Examination for 
entering high 
school; number 
of examinations; 
when and where; 
preparation o f 
questions ; town- 
ship commence- 
ment; county 
com mencement ; 
diploma. 

Compensation of 
examiners and 
contingent ex- 
penses. 
Tuition. 

What shall consti- 
tute a high 
school. 



§ 236 (4022-12) 
§ 237 (4022-13) 

§ 238 (4022-14) 



(4023) 
(4024) 
(4025) 

§ 239 (4026) 
(4027) 
(4028) 
(4029) 

§ 240 (4029-1) 



§ 241 (4029-2) 



§ 242 (4029-3) 
§243 (4029-4) 



197 



SCHOOLS AND ATTENDANCE ENFORCED. 



Section. 



§198 (4011) 



199 (4012) 

200 (4012a) 



§201 (4013) 



202 (4014) 

203 (4015) 



§204 (4015-1) 
§205 (4016) 

§206 (4017) 



§ 206a (6975a) 
§ 206& 

§ 207 (4017a) 



phans' asylums 
and infirmaries; 
how sustained; 
to be under con- 
trol of trustees of 
institution. 
Youth may be 
sent to charity 
school at Zanes- 
ville. 

Evening schools. 

Attendance b y 
person more than 
twenty-one years 
old. 

Who may attend 
school free; cred- 
iting school tax 
on tuition of non- 
resident pupils ; 
assignment of 
pupils. 

Suspension and 
expulsion of pu- 
pils. 

Legal holidays 
school may l3e 
dismissed on. 

Arbor Daj^ 

School year, 
month and week. 

Control of schools 
vested in boards; 
appointees ; sala- 
ries; salaries of 
teachers; paid 
during epidemic; 
appointments of 
former teachers ; 
school director in 
city districts; ap- 
pointment ; pow- 
er; duties; sal- 
ary; removal; 
contract with 
employes ; resig- 
nations; dismis- 
sals. 

Unlawful to use 
influence, etc. 

Minimum salary ; 
state aid to weak 
school. 

S u p e rintendents 
and teachers in 
city districts; ap- 
pointment and 
term of oftice ; 
duties ; suyerin- 
tendent and 
teachers in other 



Section. 

§ 208 (4018) 
§209 (4019) 



(4020) 
(4020-1) 
(4020-2) 
(4020-3) 
(4020-4) 
(4020-5) 
(4020-6) 
(4020-7) 
(4020-8) 
(4020-9) 
§210 (4020-10) 



§211 (4020-11) 

§212 (4020-12) 

§ 213 (4020-13) 

§ 214 (4020-14) 

§215 (4020-15) 

§ 216 (4020-16) 

§ 217 (4020-17) 

§ 218 (40LJ-18) 



(4020-19) 
(4020-20) 



districts; ap- 
pointment and 
term of office; 
duties. 

Teachers, duties 
of; janitor work 
not required. 

Teachers dismiss- 
ed for insufficient 
may institute 
suit. 

Repealed. 

Superseded. 

Superseded. 

Superseded. 

Superseded. 

Superseded. 

Superseded. 

Superseded. 

Superseded. 

Superseded. 

Piling and preser- 
vation of copies 
and prices of 
school books. 

Maximum price; 
notification o f 
publisher. 

Notices to boards; 
legality depend- 
ent on compli- 
ance. 

Procedure upon 
violation of 
agreement b y 
publisher. 

Studies, etc.; 
shipment of 
books, etc. ; sale 
to pupils; pur- 
chase from pu- 
pils; free books. 
Purchase of 
Howe's Historical 
Collections o f 
Ohio for schools; 
payment. 

Care and preser- 
vation of books. 

Physical culture 
in schools; 
where. 

Manual training 
d e p a r t m e nts, 
commercial de- 
partments and 
kindergartens au- 
authorized. 

Repealed. 

Repealed. 



§ 185 ■ GUIDE FOR OHIO SCHOOL OFFICERS. 198 

§ 185. [SuflEicient elementary schools must be provided.] 

Statute. Must be Thirty-two Weeks' 

What to be Considered in Lo- School, 

eating. 

(§ 4007.) Each board of education shall establish a sufficient 
number of elementarj^ schools to provide for the free education 
of the youth of school age within the district under its con- 
trol, at such places as will be most convenient for the attend- 
ance of the largest number of such youth, and shall continue 
each and every elementary day school so established not less 
than [twenty-eight] thirty- two nor more than forty weeks in 
each school year, and all the elementary schools within the 
same school district shall be continued the same length of 
time. And boards of education are required to prescribe a 
graded course of study for all schools under their control in 
the branches named in section 4007-1 (§ 186), of the Revised 
Statutes of Ohio, subject to the approval of the state commis- 
sioner of common schools. Each township board of education 
shall establish and maintain at least one elementary school in 
each sub-district under its control, unless transportation is 
furnished to the pupils thereof as provided by law. (97 v. 334.) 

What to be Considered in Locating. — In determining the 
question as to how many schools are necessary in the districts, 
either of townships, villages or cities, three things should be 
carefully considered : 1. Convenience of access. 2. Economy in 
expenditure. 3. A proper grading and classification of the 
pupils, in cases where grading is possible. 

Under the first item, a due regard should be had to the 
arrangement of the population. In some cases the geographical 
center of the district is not the center of population, nor will 
it always do utterly to disregard the rights of minorities, and 
place the school in the exact center of population, when this 
will force a respectable number of children to travel excessive 
distances. 

There is no reason why two or more school houses or two 
or more school rooms may not be provided in a sub-district. 

Must be Thirty-two Weeks' School. — The law is absolute 
in its requirements to continue all schools to which public 
money is applied at least thirty-two weeks. The law does not 
limit boards of education to this period, however, and if the 
time is lengthened as to the schools for any portion of the 
inhabitants of a township district, it must be equally length- 
ened for all such inhabitants. This does not imply that all the 



199 SCHOOLS — DEFINED. §§ 186-188 

grades of a system of schools accessible to all the pupils of a 
district must be kept up as long as the other grades. But if 
the high or grammar schools for one part of the district be 
kept up for a given time, such grades for other parts of the 
district must be continued as long. See section 3967 (§ 68). 
That this same rule is to govern in the case of different parts 
of a city district, see fourth item enumerated under section 
3969 (§70). 

School regulation requiring the reading the Bible as an 
exercise in school is valid. (Nessle v. Hum, 1 N. P., 140.) 

See § 92, reading Bible in public schools. 

§186. [Elementary school defined.] (§4007-1.) An ele- 
mentary school is hereby defined as a school in which instruc- 
tion and training are given in spelling, reading, writing, arith- 
metic, English language, English grammar and composition, 
geography, history of the United States, including civil gov- 
ernment, physiology and hygiene ; but nothing herein contained 
shall be contrued as abridging the power of boards of edu- 
cation to cause instruction and training to be given in vocal 
music, drawing, elementary algebra, the elements of agricul- 
ture and other branches which they may deem advisable for 
the best interests of the schools under their charge. (97 v. 334.) 

§ 187. [High school defined.] (§ 4007-2.) A high school is 
hereby defined as a school of higher grade than an elementary 
school, in which instruction and training are given in ap- 
proved courses in the history of the United States and other 
countries ; composition, rhetoric, English and American liter- 
ature ; algebra and geometry ; natural science, political or men- 
tal science, ancient or modern foreign languages, or both, com- 
mercial and industrial branches, or such of the above named 
oranches as the length of its curriculum may make possible, 
and such other branches of higher grade than those to be 
taught in the elementarj^ schools, and such advanced studies 
and advanced reviews of the common branches as the board 
of education may direct. (95 v. 115.) 

See §243 (§4029-4). 

§ 188. [College defined.] (§ 4007-3.) A college is hereby 
defined as a school of a higher grade than a high school, in 
which instruction in the high school branches is carried be- 



§§189,190 GUIDE FOR OHIO SCHOOL OFFICERS. 200 

yond the scope of the high school and other advanced studies 
are pursued, or a school in which special, technical or profes- 
sional studies are pursued, and which may, when legally organ- 
ized, have the right to confer degrees in agreement with the 
terms of the law regulating its practices or its charter; or in 
the want of legislative direction, in agreement with the prac- 
tices of the better institutions of learning of their respective 
kinds in the United States. (95 v. 115.) 

§189. [High schools classified.] (§4007-4.) The high 
schools of the state of Ohio shall be classified into schools of 
the first, second, and third grades; and all courses of study 
offered in such high school shall be in branches enumerated in 
section 4007-2 (§ 187), of the Revised Statutes of Ohio. 

[First grade.] A high school of the first grade shall be a 
school in which the courses offered shall cover a period of not 
less than four years, of not less than thirty-two weeks each, 
in which not less than sixteen courses shall be required for 
graduation ; 

[Second grade.] a high school of the second grade shall cover 
a period of not less than three years, of not less than thirty- 
two weeks each, in which not less than twelve courses of study 
shall be required for graduation ; 

[Third grade.] a high school of the third grade shall cover 
a period of not less than two years, of not less than twenty- 
eight weeks each, in which not less than eight courses of study 
shall be required for graduation, and all public schools of a 
less grade shall be denominated as elementary schools. A 
course of study shall consist of not less than four recitations 
a week continued throughout the school year. (95 v. 115.) 

§ 190. [Diploma to be given to graduate of high school.] 

(§ 4007-5.) A diploma shall be granted by the board of edu- 
cation to any one completing the curriculum in any high school, 
which diploma shall state the grade of the high school issuing 
the said diploma as certified by the state commissioner of 
common schools, and shall be signed by the president and 
clerk of the board of education, the superintendent and the 
principal of the high school, if such there be, and shall bear 
the date of its issue. 



201 GRADUATE HIGH SCHOOL. § 191 

[Certificate as to grade of school.] A certificate shall also 
be issued to the holder of each diploma in which shall be stated 
the grade of the high school, the names and extent of the stud- 
ies pursued and the length of time given to each said study to 
be certified to in the same manner as set forth for a diploma. 

[Admission without examination to professional school.] 
And an}^ holder of a diploma from a high school of the first 
grade shall be entitled to a certificate of admission without 
examination to any college of law, medicine, dentistry, or phar- 
macy in the state of Ohio, when the holder thereof shall have 
completed such courses in science and language as shall be 
prescribed by the legally constituted authorities regulating the 
entrance requirements of said college ; except such privately 
endowed institutions which may require a higher standard for 
entrance examinations than herein provided. 

[Who eligible to take examination for admission to bar or 
to enter professional school.] And any holder of a diploma 
from any grade of high school or of a teacher's certificate from 
a county or city board of teachers' examiners, when such holder 
has pursued his studies under private tutorage or in an office, 
shall be eligible to take the examination for admission to the 
practice of law or to take the examination prescribed to enter 
a college of law, medicine, dentistry, or pharmacy ; except such 
privately endowed institutions which may require a higher 
standard for entrance examinations than herein provided. (95 
V. 115.) 

§ 191. [Information as to character of high school to be 
furnished state commissioner of common schools by clerk of 
board of education.] (§ 4007-6.) It shall be the duty of the 
clerk of the board of education of each district in which a high 
school is established and maintained to furnish to the state 
commissioner of common schools definite and accurate informa- 
tion concerning the length of time necessary for the completion 
of the high school curriculum or curriculums, the courses of 
instruction offered therein, and such other information as said 
commissioner may require in relation to the high school work 
of the district, and in the form and manner he may prescribe. 

[Filed, when.] Said information shall be filed not later than 
the first day of September, 1902, and as high schools are here- 



§ 192 GUIDE FOR OHIO SCHOOL OFFICERS. 202 

after established or any changes made in tho curriculums, such 
establishment or changes with full information must be imme- 
diately'' reported as above provided, and it shall be the duty 
of the said state commissioner of common schools, upon ex- 
amination of the information thus filed, or after personal 
inspection of work done if he shall deem the same advisable, 
or both, 

[Certificate as to grade of school.] to determine the grade 
of each such high school and to certify, under the seal of his 
office, to the clerk of the board of education his finding as to 
the grade of the high school maintained by such board of edu- 
cation. The said commissioner is also authorized to withhold 
his approval of any curriculum, when it shall appear to him 
that the same does not comply with the legal and reasonable 
requirements, and when it shall appear that any curriculum, 
which has already been approved, has been so modified as to 
change the grade of the high school, either by advancing or 
reducing the grade thereof, he shall certify his finding, and all 
diplomas issued thereafter shall bear the grade so designated 
by him. 

[Penalty for failure to give information required by this 
section.] And after the first day of February, 1903, no school 
then maintained shall be considered a high school that has not 
furnished the information and received the certificate as pro- 
vided above and shall not be entitled to the privileges and 
exceptions provided by law for high schools. (95 v. 117.) 

Sec. 4008. Repealed. 

§ 192. [Any board of education may establish high school.] 

(§ 4009.) Any board of education may establish one or more 
high schools, whenever it deems the establishment of such 
school or schools proper or necessary for the convenience or 
progress of the pupils attending the same, or for the conduct 
and welfare of the educational interests of the district, 

[Discontinuance thereof.] and such school, or schools when 
so established, shall not be discontinued under three years 
from the time of the establishment thereof, except by a vote 
of three-fourths of all the members of the board of education 
of the district, and at a regular meeting. (95 v. 115.) 



203 ESTABLISHMENT OF HIGH SCHOOL. § 192 

Comments. — One of the most encouraging features of the 
development of our public school system is the rapid growth 
of the higher education, particularly in the township districts. 
The establishment of township high schools is going forward 
in increasing numbers with each succeeding year. The people 
seem to be growing into the conviction that the higher edu- 
cation is a necessity in a republic, and that the cheapest and 
best place for their children to obtain this education is at home 
under their own eye. 

This authority applies to all boards of education, including 
township boards. If such higher grade of school is in a sub- 
district, and exclusively for the use of such sub-district, it is, 
like primary schools so situated, under the provisions of section 
4018 (§ 208). If it is designed for the attendance of children 
from all of the sub-districts, under a general rule that all of a 
certain grade of scholarship may attend it, without special 
assignment of individual pupils thereto, it is practically a 
township high school, and under the management of a town- 
ship board of education, though it is, of necessity, located 
within the territory of some sub-district. This is evident from 
the fact that the full control of the public schools of each 
district is, under section 4017 (§ 206), in the hands of the 
board of education of such district, except only as provided in 
section 4018 (§208). 

An order for the payment of a teacher of a township high 
school should be signed by the president and countersigned by 
the clerk of the board of education. See section 4047 (§ 267). 

Of course the superintendent of the schools of a township 
is entitled, under the direction of the township board, to 
exercise the same authority that is exercised by a superintend- 
ent of city schools. (Ohio School Law.) 

A township high school does not pass to a village incorpo- 
rated out of the territory including it by reason of a general 
saving clause in the act of 1873. Board of Education v. Bd. 
of Education, 41 0. S., 680.) 

Change of territory organizing a separate school district 
does not entitle the new district to seize on property within it 
that had been set apart by the township board for a higher 
school than a primary, although this would be within the 
letter of R. S.., section 3972 (§80), which relates to the sub- 
ject. Board of Education v. Board of Education, 46 0. S., 595.) 

This section fully authorizes boards of education to establish 
high schools without submitting the question to a vote of the 
electors of the district, unless it should be found necessary to 
levy a tax in excess of the maximum allowed by law and issue 
bonds; in which case an election is required. See section 3901 
(§99). 



§§193,194 GUIDE FOR OHIO SCHOOL OFFICERS. 204 

§193. [Township high schools; management and control 
thereof.] (§ 4009-1.) Whenever a township board of educa- 
tion establishes and maintains a high school or high schools 
within the district under its control, it shall have the manage- 
ment and control of such school or schools with full power in 
respect to such school or schools to employ and dismiss teach- 
ers, and to give certificates of such employment, and for serv- 
ices rendered, directed to the township clerk. 

[School houses, etc.] And the township board of education 
shall build, repair, add to and furnish the necessary school 
houses, purchase or lease sites therefor, or rent suitable rooms, 
and make all other necessary provisions relative to such schools 
as may be deemed proper. 

[Admission of pupils.] Said board of education shall have 
full power to regulate and control the admission of pupils 
from the elementary schools under its charge to such high 
school or high schools, according to age and attainments, and 
may admit adults over twenty-one years of age, and pupils 
from other districts on such terms and under such rules as it 
may adopt, and shall maintain such high school or high schools 
not less than twenty-eight nor more than forty weeks in any 
school year. (88 v. 484, § 1; 95 v. 117, § 4009-1.) 

§194. [Estimate of funds needed.] (§4009-2.) In town- 
ships where a high school or high schools are established, or 
may be established, by the township board of education, the 
board shall annually determine by estimate, as near as prac- 
ticable, the entire amount of money necessary to be expended 
in the township for school and school house purposes, includ- 
ing the sustaining of teachers in such high schools, the pro- 
longing of the terms 'of the several elementary schools of the 
township after the state funds shall have been exhausted, the 
erecting, repairing and furnishing of school houses, and any 
other school purposes not exceeding in any one year ten mills 
on the dollar of the taxable property of the township, which 
amount shall be certified in writing to the county auditor, as 
required by section 3960 (§63), of the Revised Statutes of 
Ohio. (88 V. 484, § 2; 95 v. 117, § 4009-2.) 

Sec. 4009-3. Repealed April 25, 1904. 
Sec. 4009-4. Repealed April 25, 1904. 



205 TOWNSHIP HIGH SCHOOL. § 19b 



Sec. 4009-5. Repealed Apr: 

Sec. 4009-6. Repealed Apr 

Sec. 4009-7. Repealed Apr 

Sec. 4009-8. Repealed Apr 

Sec. 4009-9. Repealed Apr 

Sec. 4009-10. Repealed Apr 

Sec. 4009-11. Repealed Apr 

Sec. 4009-12. Repealed Apr 

Sec. 4009-13. Repealed Apr 

Sec. 4009-14. Repealed Apr 



1 25, 1904. 

1 25, 1904. 

1 25, 1904. 

1 25, 1904. 

1 25, 1904. 

1 25, 1904. 

1 25, 1904. 

1 25, 1904. 

1 25, 1904. 

1 25, 1904. 



§ 195. [Township high school district, establishment of by 
boards of education.] (§4009-15.) The boards of education 
of two adjoining township school districts, or of a township 
district and of a village or special school district situated 
partially or wholly within the township, may, by a majority 
vote of the full membership of each of said boards, unite said 
districts for high school purposes. 

[Question of tax levy for such purpose must be submitted 
to vote.] And each board may submit the question of levying 
a tax on the property in their respective districts, for the 
purpose of purchasing a site and erecting a building, and 
may issue bonds, as is provided for in section thirty-nine hun- 
dred and [ninety-one,] sixty-one, thirty-nine hundred and 
[ninety- two,] sixty-two and thirty-nine hundred and [ninety- 
three] sixty-three (§ 64), of the Revised Statutes of Ohio, but 
said question of tax levy must carry in both districts before 
it shall become operative in either. 

[When vote not necessary.] If said boards of education have 
sufficient monej^ in the treasur}^ to purchase said site and erect 
said building, or if there is a suitable building in either dis- 
trict owned by the board of education that can be used for a 
high school building, it shall not be necessary to submit the 
proposition to a vote, and the boards are authorized to appro- 
priate money from their funds for this purpose. 

[Such high school shall be under control of board of edu- 
cation of district in which school house is located.] Any high 
school so established shall be under the management of the 
board of education of the district in which the school house 
is located, and shall be free to all youth of school age within 
both districts, subject to such rules and regulations as may 
be adopted by the board of education having control of the 
school in regard to the qualifications in scholarship requisite 



§ 196 ^ GUIDE FOE OHIO SCHOOL OFFICERS. 206 

for admission, such rules and regulations to be of uniform 
operation throughout both districts. 

[How funds provided.] The funds for the maintenance and 
support of such high school shall be provided by appropria- 
tions from the tuition or contingent funds, or both, of each 
district, in proportion to the total valuation of property in the 
respective districts, the same to be placed in a separate fund 
in the treasury of the board of education having control of the 
school and paid out by action of said board, but only for the 
purposes of maintaining said school. (97 v. 334.) 

§ 196. [ Joint township high school districts, etc., heretofore 
created, abolished; how schools therein maintained and con- 
ducted.] (§ 4009-16.) Joint township high school districts 
heretofore established as provided for in section 4009-15 
(§ 195) to 4009-20 inclusive, of the Revised Statutes of Ohio, 
as they existed prior to the passage of this act, are hereby 
abolished and the schools in said districts shall be hereafter 
conducted as provided in section 4009-15 (§ 195) of the Re- 
vised Statutes of Ohio, as contained herein. Boards of educa- 
tion of special districts for high school purposes, as provided 
in section 40096 of the Revised Statutes of Ohio, as it existed 
prior to the passage of this act, are hereby abolished and the 
high schools in said district shall hereafter be conducted and 
maintained as provided in section 4009-15 (§ 195) of the Re- 
vised Statutes of Ohio as herein contained. (97 v. 334.) 



Form of Assignment of Scholars to Central High School. 

The board of education of township, county, Ohio, met 

this day and assigned the following scholars to the high school: 
From sub-district No : 

A. B., 
C. D., 

Etc. 
From sub-district No : 

B. F., 
G. H., 

Etc. 
(The assignment from each sub-district being specified in like man- 
ner.) 

By order of the township board. 

Clerk. 



207 SCHOOLS AT children's HOME. §§197,198 

§ 197. [Schools at children's homes, orphans' asylums and 
infirmaries; how sustained.] (§ 4010.) The board of any dis- 
trict in which a children's home or orphans' asylum is or may 
he established b}^ law, or in which a county infirmary is or 
may be established, shall, when requested by the board of 
trustees of such children's home, orphans' asylum or the 
directors of such infirmary, establish in such home or infirmary 
a separate school, so as to afford to the children therein, as 
far as practicable, the advantages and privileges of a common 
school education ; such schools at infirmaries shall be continued 
in operation each year until the full share of all the school 
funds of the districts belonging to such children, on the basis 
of enumeration, is expended, and at such homes and asylums 
not less than forty-four weeks, if the distributive share of 
school funds to which such school at any such home or asylum 
is entitled by the enumeration of children in the institution is 
not suificient to continue the schools the length of time hereby 
required, the deficiency shall be paid out of the funds of the 
institution ; all schools so established in any such home, asylum 
or infirmary, shall be under the control and management of the 
respective boards of trustees or directors of such institution, 
which boards of trustees or directors shall, in the control and 
management of such schools, as far as practicable, be subject 
to the same laws that boards of education and other school 
officers are, who have charge of the common schools of such 
district ; in the establishment of such schools the commissioners 
of the county, in which such children's home, orphans' asylum 
or county infirmary is established, shall provide the necessary 
school room or rooms, furniture, fuel, apparatus and books, 
the cost of which furniture, fuel, apparatus and books, for the 
schools of such homes, infirmaries and asylums, shall be paid 
out of the funds provided for such institutions; and the board 
of education shall incur no expense in supporting such schools. 
(75 V. 513, § 50; 76 v. 75, § 1; 80 v. 217.) 

§ 198. [Youth may be sent to charity school at Zanesville.] 

(§ 4011.) The board of education of the city of Zanesville may 
contract with the trustees having the management of any fund 
which has been provided by gift, devise, or bequest for the es- 
tablishment or support of a school or schools for poor children 
therein, for the admission to any such school of children resi- 



§§ 199-201 GUIDE FOR OHIO SCHOOL OFFICERS. 208 

dent in the city, and pay to such trustees out of the school 
funds under its control, such tuition fee as may be agreed upon 
for each scholar so admitted, but not entitled to admission 
according to the terms of such gift, devise or bequest, and also 
provide for such right of visitation or control of such school 
or schools by the board as may be agreed upon; such school 
or schools shall be kept at the least equal in grade and ef- 
ficiency to the corresponding public schools of the state, and 
every such contract shall expire in three years from the time 
of its execution, unless renewed or extended by agreement; 
but this section shall in no manner apply to any school or 
schools supported or controlled by any church, congregation, 
sect or religious denomination or association of any kind. (75 
V, 530, § 1.) 

§ 199. [Evening schools.] (§ 4012.) In any township, spe- 
cial, village, or city district, or part thereof, parents or guar- 
dians of youth of school age may petition the board of edu- 
cation to organize an evening school. The petition shall con- 
tain the names of not less than twenty-five youth of school 
age who will attend such school, and who for reasons satisfac- 
tory to the board are prevented from attending day school. 
Upon receiving such petition the board of education shall 
provide and furnish a suitable room for the evening school 
and employ a competent person who holds a regularly issued 
teacher's certificate, to teach it. Such board may discontinue 
any such evening school, when the average evening attendance 
for any month falls below twelve. (96 v. 116; 72 v. 29, § 51; 
S. & C, 1359.) 

§ 200. [Attendance by persons more than twenty-one years 

old.] (§ 4012a.) Any person more than twenty-one years old- 
may be permitted to attend evening school upon such terms 
and upon payment of such tuition as the board of education 
may prescribe. (90 v. 117.) 

§201. [Who may be admitted to school free.] (§4013.) 
The schools of each district shall be free to all youth between 
six and twenty-one years of age, who are children, wards or 
apprentices of actual residents of the district, including chil- 
dren of proper age who are or may be inmates of a county or 



209 WHO ADMITTED TO FREE SCHOOL. § 201 

district children's home located in any such school district, at 
the discretion of the board of education of said school district ; 
provided that all youth of school age living apart from their 
parents or guardians and who work to support themselves by 
their own labor, shall be entitled to attend school free in the 
district in which the}'^ are employed. 

[Nonresident pupils.] Each board of education may admit 
other persons upon such terms or upon the payment of such 
tuition as it may prescribe ; 

[Crediting of school tax on tuition.] Provided, that when 
a youth between the age of six and twenty-one years or the 
parent of such youth owns property in a school district in 
which he does not reside and said youth attends the schools 
of said district, the amount of school tax paid on such prop- 
erty shall be credited on the tuition of said pupil. 

[Assignment of pupils.] Boards of education are author- 
ized to make such an assignment of the youth of their respec- 
tive districts to the school established by them as will in 
their opinion best promote the interests of education in their 
districts. (97 v. 334.) 

Pupils to Attend in Their Own Sub-district. — Children 
can not, as a matter of right, attend the schools of sub-districts 
in which they do not reside and to which they have not been 
assigned by the board of education. The local directors are 
given no jurisdiction in such matters. 

By comparing this section with section 4030 (§ 244), it will 
be seen they do not correspond in one particular. The latter 
says there shall be "an enumeration of all unmarried youth," 
while in this section there is no limitation to free admission 
into school, except as to age. It was doubtless intended by the 
General Assembly that the two sections should agree on this 
point. That they do not is owing, it may be presumed, to an 
inadvertence. 

Under this section persons under twenty-one years of age, 
though married, are entitled to all the privileges of the schools 
of the district in which they reside, notwithstanding they have 
not been enumerated in the school census, and in consequence 
can draw no part of the state school fund. 

Under the general law, sections 3898 (§25), 3916 (§33). etc., 
boards of education are elected by the qualified electors of their 
district. This section does not change this provision. Hence, 
though they may send their children to the school, they can not 
vote in any district except where their home is situated. 



§ 202 GUIDE FOR OHIO SCHOOL OFFICERS. 210 

No regulation can be made under this section that does not 
apply to all children irrespective of race or color. (Board of 
Education v. State, 45 0. S., 535.) 

Attending school in other districts if nearer; see sections 
4022 (§ 223), 4022a (§ 224). 

The children inmates of the German Protestant Asylum of 
Cincinnati, are not "children, wards, or apprentices of actual 
residents" in the school district within which said asylum is 
located, and therefore, under the act of Feb. 21, 1849, are not 
entitled to gratuitous admission to the privileges of the public 
schools of said district. (The State v. Directors of School 
District No. 14, 10 0. S., 448.) 

That portion of the above section relating to children living 
apart from their parents or guardians, who svipport themselves 
by their own labor, does not apply where child moves into 
a district in which his parents do not live, with the express 
purpose of attending school, and incidentally works for his 
board and lodging. In such cases tuition can be charged. 

Residence of Pupil. — As a general rule a minor child is 
entitled to attend the public schools in which it has its actual 
residence, if its residence there is bona fide and not for the 
sole purpose of attending the school, and this would be true 
whether the minor child resided with its parents or some other 
person. State v. Thayer, 74 Wis., 48. However, if the minor 
was apprenticed to a person in a certain district for the sole 
"purpose of giving the minor the benefit of the school of that 
district, it is held that he can not attend such schools. School 
District No. 1 v. Bragdon, 23 N. H., 507. 

And if a farmer in order to entitle his child to attend the 
public schools of the city took a house in the city and moved 
in each fall or winter, and moved back on his farm in the 
spring, it is held that this is not such legal residence as would 
entitle a child to attend the city schools, Gardner v. Fargo, 
Board of Education, 5 Dak., 59; and the same rule would 
be applied where a child was sent to board with a person who 
resided within the school district. (People v. Board of Edu- 
cation, 26 111. App., 476.) 

§ 202. [Suspension and expulsion of pupils.] (§ 4014.) No 
pupil shall be expended from school by a superintendent or 
teacher except for such time as may be necessary to convene 
the board of education, and no pupil shall be expelled except 
by a vote of two-thirds of such board, and not until the parent 
or guardian of the offending pupil has been notified of the pro- 
posed expulsion, and permitted to be heard against the same ; 
and no pupil shall be suspended cr expelled from any school 
beyond the current term thereof. (70 v. 195, § 71 ; 89 v. 96.) 



211 SUSPENSION AND EXPULSION. § 202 • 

The father of a child entitled to the benefits of the public 
school of the sub-district of his residence may maintain an ac- 
tion against the teacher of the school and the directors of the 
sub-district for damages for wrongfully expelling the child 
from school. (Roe v. Deming, 21 0. S., 666.) 

Since the above decision was rendered the power to expel 
has been taken from the local directors and conferred upon the 
board of education. 

In many cases of incorrigibility, proceedings can be institut- 
ed against the offender as provided by section 4022-8 (§ 232), 
as a juvenile disorderly person (section 4022-4 [§ 228] ), instead 
of expulsion by the board, as it is to the interest of the public 
to keep the child in school. 

See § 92 as to rules board may make. 

Suspension, etc., Generally. — In the following instances 
the exercise of power has been sustained: Suspending pupil 
for refusing to disclose the name of offending pupil, Board v. 
Helston, 32 111. App., 300; for tardiness, Russell v. Linnfield, 
116 Mass., 366 ; Bendick v. Babcock, 31 Iowa, 562 ; for failure 
to use text-books, Spiller v. Woburn, 12 Allen (Mass.), 127; 
McCormick v. Burt, 95 111., 266; Donahue v. Richards, 38 
Me., 379; Kidder v. Chellis, 59 N. H., 473; Guernsey v. Pitkin, 
32 Vt., 226; Sewell v. Board of Education, 29 Ohio St., 89; 
for absence, Ferriter v. Tyler, 48 Vt., 444; King v. Jefferson 
City School Board, 71 Mo.', 628 ; Churchill v. Fewkes, 13 Brad. 
(111.), 520; for misconduct, Stevens v. Fassett, 27 Me., 266; 
Larock v. Putnam, 111 Mass., 499; Hodgkins v. Rockport, 
105 Mass., 476; State v. Williams, 27 Vt., 755; suspension of 
pupil by officer, Stevens v. Fassett, 27 Me., 266; Larock v. 
Putnam', 111 Mass., 499; Hodgkins v. Rockport, 105 Mass., 476; 
State V. Williams, 27 Vt., 755; suspension of pupil by teacher, 
where officer opposed the teacher, Scott v. School District, 
46 Vt., 452 ; expelling for immorality, Sherman v. Inhabitants, 
8 Cush. (Mass.), 163; corporal punishment for misconduct. 
State V. Pendergrass, 2 Dev. & Batt. (N. C), 365; Sheehan v. 
Sturgis, 53 Conn., 481; Dunnehoffer v. State, 69 Ind., 295; 
State V. Mizner, 45 Iowa, 248; Davis v. Boston, 133 Mass., 
103; Patterson v. Nutter, 78 Me., 509; Deskins v. Gore, 85 
Mo., 485 ; the teacher refusing to teach pupil has been held 
not liable for damages. Spear v. Cummings, 24 Pick. (Mass.), 
224 ; suspending teacher for immorality was sustained, McClel- 
lan V. Board, 15 Mo. App., 362. 

In the following instances the exercise of authority has not 
been sustained : For barring out tardy pupil, Thompson v. 
Beaver, 63 111., 356; for suspending pupil for failure to use 
text-books required, Trustees v. People, 87 111., 303; Morrow v. 
Wood, 35 Wis., 59; Rulison v. Post, 79 111., 567; for suspending 



5§ 203,204 GUIDE FOR OHIO SCHOOL OFFICERS. 212 



for attending a party, Dritt v. Snodgrass, 66 Mo., 286 ; for 
reflecting on the director by newspaper article, Murphy v. 
Directors, 30 Iowa, 429 ; for suspending for not paying for 
broken window, Perkins v. Directors, 56 Iowa, 476 ; for sus- 
pending for using tobacco, the director being opposed to 
teacher, Parker v. School District, 5 Lea (Tenn.), 525; for 
manslaughter of slave, State v. Harris, 63 N. C, 7 ; corporal 
punishment, for failing to use text-book. State v. Mizner, 50 
Iowa, 145 ; for not paying for broken window, State v. Van- 
derbuilt (Ind.), 18 N. E., 266; for misconduct. Com. v. Randall, 
4 Gray (Mass.), 36; Boyd v. State, 88 Ala., 169; Cooper v. 
McJunkin, 4 Ind., 290; Hathaway v. Rice, 19 Vt., 102; for 
accidentally adding aloud, Anderson v. State, 3 Head (Tenn.), 
455. 

§203. [Legal holidays; dismissal of schools on holidays.] 

(§ 4015.) Teachers employed in the public schools may dis- 
miss their schools, without forfeiture of pay, on the first day 
of January, the twenty-second day of February, the thirtieth 
day of May, the fourth day of July, the first Monday in Sep- 
tember, the twenty-fifth day of December, and on [any] the 
day set apart by the proclamation of the president of the 
United States or [the] governor of this state as a day of fast, 
thanksgiving or mourning. (97 v. 334.) 

§204. [Arbor day.] (§4015-1.) That the governor of 
said state shall, not later than April appoint and set apart 
one day in the spring season of each year, as a day on which 
those in charge of the public schools and institutions of learn- 
ing under state control, or state patronage, shall, for at least 
two hours, give information to the pupils and students con- 
cerning the value and interest of forestry, and the duty of 
the public to protect the birds thereof, and also for planting 
forest trees. Said day shall be known as Arbor day. (95 v. 
38.) 

The state school commissioner must get out annually as 
soon as possible after the governor has set aside a day for 
Arbor day a manual of exercises for that day. (Sec. 14, Act 
of 1894. "97 V. 471 (69605). 

Hiring teachers by the day does not affect their rights under 
this section. 

It is held in Michigan that '' school management should al- 
ways conform to those descent usages which recognize the pro- 



213 SCHOOL YEAR, ETC. § 205 

priety of omitting to hold exercises on recognized holidays. 
All contracts for teaching during periods mentioned must be 
construed of necessity as subject to such days, and there can be 
no penalty laid upon such observances, in the way of forfeitures 
or deduction of wages." (39 Mich. 484.) 

For other holidays, see sections 4046-1, 4046-2, R. S. 

Boards of education can not compel teachers to make up for 
time lost on the above-mentioned days. 

See §312 (§4091), as to attending teachers' institute.' 

Entitled to Pay if School Closed by Reason of Epidemic, 
ETC. — The general rule, with which the decisions in McKay 
V. Barnett, 50 L. R. A., 371, is in harmony, is that no deduction 
can be made from a teacher's salary where a school is closed 
during the term on account of epidemics, destruction of build- 
ing or holidays, unless special provision is made in the contract 
which will allow such deduction to be made. Libby v. Doug- 
lass, 175 Mass., 128, 55 N. E., 808; School Town v. Grav, 10 
Ind. App., 50 L. R. A., 428, 37 N. E., 1059; Randolph v. 
Sanders, 22 Tex. Civ. App., 331, 54 N. W., 621; Dewey v. 
Union School District, 43 Mich., 480, 5 N. W., 646 ; Mason v. 
School District No. 14, 20 Vt., 487 ; School Directors v. Crews, 
23 111. App., 367; Charleston School Township v. Hay, 74 
Ind., 127; Corn v. Board of Education, 39 111. App., 446; Smith 
V. School District No. 2, 69 Mich., 589, 37 N. W., 567; Cashen 
V. School District No. 12, 50 Vt., 30; Bromley v. School District 
No. 5, 47 Vt., 381 ; Holloway v. School District No. 9, 62 Mich., 
153, 28 N. W., 764; School District No. 4 v. Gage, 39 Mich., 484, 
33 Am. Rep., 421. 

§205. [School year, month and week.] (§4016.) The 
school year shall begin on the first day of September of each 
year, and close on the thirty-first day of August of the suc- 
ceeding year; and a school Aveek shall consist of five days, 
and a school month of four school weeks. (70 v. 215, § 70; 
72 V. 181, § 6.) 

Making Up Lost Time On Saturdays and Holidays. — 
Teachers have no right, without express authority of the board 
of education to make up lost time by teaching on Saturday 
or on a holiday. The custom is so well established of keeping 
the school in session the five working days of each week 
exclusive of Saturday, and of dismissing on the holidays 
named, that to change this custom would manifestly require 
action by the board. As the law does not prescribe the days 
of the we.ek to be taught, the board may, under section 3985 
(§ 92), authorize the intermission of school on Monday or any 



§ 206 GUIDE FOR OHIO SCHOOL OFFICERS. 214 

other day most convenient to the inhabitants. In a few dis- 
tricts in Ohio, there is no session on Monday. 

§ 206. [Control of school vested in boards; appointees; sala- 
ries.] (§ 4017.) Each board of education shall have the man- 
agement and control of all the public schools of whatever 
name or character in the district, with full power to appoint 
a superintendent of the public schools, truant officers, and 
janitors and fix their salaries; and, if deemed essential for the 
best interests of the schools of the district, the board may, 
under proper rules and regulations, appoint a superintendent 
of buildings, and such other employes as the board may deem 
necessary, and fix their salaries ; and each board shall fix 
the salaries of all teachers, which salaries may be increased, 
but shall not be diminished during the term for which the 
appointment is made, and teachers shall be paid for all time 
lost when the schools in which they are employed are closed 
owing to an epidemic or other public calamity. 

[Terms.] But no person shall be appointed as a teacher 
for a term longer than four school years, nor for a less term 
than one year except to fill an unexpired term, the term to 
begin within four months of the date of the appointment, 
provided that in making appointments teachers in the actual 
employ of the board shall be first considered before new 
teachers are chosen in their stead. 

[In city district may appoint a director of schools; his 
powers, duties, compensation, etc.] A board of education in 
a city district may, at its discretion, elect a director of schools, 
who shall serve as such for the term of two years, unless earlier 
removed as hereinafter provided, and any vacancy in this office 
shall be filled for the unexpired term of such director of 
schools. As director of schools, he shall execute for the board 
of education, in the name of the school district, its contracts 
and obligations, except that bonds issued shall be signed by 
the president of the board, and attested by the clerk. He 
shall see that all contracts made by or with said board shall 
be fully and faithfully performed. Except teachers, assistant 
teachers, supervisors, principals, superintendent of instruction, 
clerk of the board of education, he shall have the appoint- 
ment subject to the approval and confirmation of the board 
of all employes, and may discharge the same. He shall have 



215 DIRECTOR OF SCHOOLS. § 206 

the care and custody of all property of the school district, real 
and personal, except moneys. He shall oversee the construc- 
tion of buildings, in the process of erection, and the repairs 
of the same. He shall advertise for bids and purchase all 
supplies and equipments authorized by the board. He shall 
report to the board monthly, and oftener if required, as to all 
matters under his supervision, and report to the board a 
statement of its accounts, exhibiting the revenues, receipts, 
disbursements, assets and liabilities of the board, the sources 
from which the revenues and funds are derived, and in what 
manner the same have been disbursed. He shall keep accurate 
account of taxes levied for school purposes, and all moneys 
due to, received and disbursed by the board ; also, of all assets 
and liabilities and all apropriations made by the board, and 
shall receive and preserve all vouchers for payments and dis- 
bursements made to or by the board. He shall issue all war- 
rants for the payment of money from the school fund, but 
no warrant shall be issued for the payment of any claim 
until such has been approved by the board, and the pay roll 
for teachers, assistant teachers and supervisors shall be coun- 
tersigned by the superintendent of instruction. He shall 
attend all meetings of the board, and perform all of its execu- 
tive functions not hereinbefore excepted in defining the duties 
of the director of schools. He shall devote such portion of 
his time to the duties of his office as may be required by the 
board of education at or before his election, and shall give a 
bond for the faithful discharge of his duties as director of 
schools, in such sum as the board may determine ; his sureties 
to be approved by the board, which bond shall be deposited 
with the president of the board within ten days after his 
appointment. He shall receive such compensation, not exceed- 
ing $5,000 per annum, as may be fixed by the board before his 
election, which compensation shall not be changed during his 
term of office. 

[May suspend or remove director.] The board of education 
may, at any time, by a two-thirds vote for cause, suspend or 
remove the director of schools, but such suspension or removal 
shall not be made unless the charges are preferred in writing, 
and an opportunity afforded to bring all offered pertinent 



§ 206 GUIDE FOR OHIO SCHOOL OFFICERS. 216 

testimony in as a defense, whieli testimony shall be received 
and considered by the board and made a part of the records. 

[Appointees; clerk's duty to notify.] Upon the appointment 
of any j^erson to any position under the control of the board 
of education, it shall be the duty of the clerk promptly to 
notify such person verbally or in writing of the appointment 
and the conditions thereof and request and secure from such 
person within a reasonable time to be determined by the board, 
his acceptance or rejection of the appointment thus made, and 
an acceptance of such appointment within the time thus de- 
determined shall constitute a contract binding both parties 
thereto until such time as it may be dissolved, shall expire, or 
the appointee be dismissed for cause. 

[Resignations.] All resignations or requests for release from 
contract by teachers, superintendents, or employes, shall be 
promptly considered by the board, but no resignation or re- 
lease shall become effective except by the consent of the board. 

[Dismissals.] Each board may dismiss any appointee or 
teacher for inefficiency, neglect of duty, immorality, or im- 
proper conduct; but no teacher shall be dismissed by any 
board unless the charges are first reduced to writing and an 
opportunity be given for defense before the board, or a com- 
mittee thereof, and a majority of the full membership of the 
board vote upon roll call in favor of such dismissal. (97 v. 
334.) 



Board to Enforce Necessary Miscellaneous Matters Relat- 

Rules. ing to Contract. 

Employment of Teacher. Attachment of Teacher's 

Notice to Teacher of His Elec- Wages. 

tion. Suspension of Director. 

Must be Qualified to Teach, Director of Schools in City. 

etc. Charge for Eemoval of Teach- 

Form of Teachers' Contract. er. 

Miscellaneous Matters Relat- 
ing to Compensation. 

Board To Enforce Necessary Rules. — Boards of educa- 
tion are authorized to adopt and enforce necessary rules and 
regulations for the government of schools under their manage- 
ment and control. 

See 92 v. 202, as to reasonable rules. 



217 EMPLOYMENT OP TEACHER. § 206 

Where instruction in rhetoric was given in any grade or de- 
partment of such schools, and one of the rules adopted by the 
board for the government of the pupils therein provided that 
if an}^ pupil should fail to be prepared with rhetorical exercise 
at the time appointed therefor, he or she should, unless excused 
on account of sickness or other reasonable cause, be immediate- 
ly suspended from such department. Held that the rule was 
reasonable. Where the teacher of such department, with the 
consent of the board, for a failure to comply with the rule, or 
to offer any excuse therefor, suspended a pupil, until he should 
comply with the rule or offer a reasonable excuse for his non- 
compliance, neither the board of education nor the teacher is 
liable for damages therefor. (Sewell v. Board of Education, 
29 0. S., 89.) 

Employment of Teacher. — Perhaps the most important duty 
the board of education has to perform is the selection and 
election of teachers. All names should be submitted to the 
committe on teachers with whatever recommendations may 
be desired to be submitted. This committee should make a 
careful examination of the merits of the applicants. They 
should have proof that the applicants are qualified and have 
certificates. This committee should make a report. Upon the 
vote of teachers, the roll must be called, and an aye and nay 
vote taken, and a majority of all the members of the board 
will be necessary to elect, section 89 (§3982 R. S.). At the 
same time the length of time should be determined and the 
salary fixed. All these proceedings must be made a matter of 
record. 

See § 86 (§ 3978), as to special meetings. 

After the teacher has been elected, the clerk must notify 
him, either verbally or in writing. It is advisable to do this 
in writing, and ma}^ be in the following form: 

Notice to Teacher of His Election, etc. 

To .• 

Sir: — You are hereby notified that at a meeting of the board of 

education of school district, held on , 190.., you were 

duly elected to teach the school for the period of months, 

commencing on , at a salary of $ per month. 

You will please notify me of your acceptance of the same by calling 

at my office within days from this date and entering into a 

written contract for the same. 

(Date.) 



Clerk of the Board of Education of School District. 

The teacher must have a certificate to teach the required 
branches, section 4074 (§ 295), must be qualified to teach, and 
legalh^ elected. 



§ 206 GUIDE FOR OHIO SCHOOL, OFFICERS. 218 

It will be observed that the teacher is to be employed for not 
less than one year nor more than four years, unless for an 
unexpired term. This provision is mandatory, and is in- 
tended to prevent the practice so frequently indulged in by 
boards of education, of changing teachers during a school 
year. There is no question but what the efficiency of our 
public schools will be greatly enhanced by the enforcement of 
this provision. (Att'y Genl's opinion, 1904.) Any other con- 
tract is invalid, but the teacher might collect for services per- 
formed under said contract. (Att'y Genl's opinion, 1904.) 
Also the applications of old teachers are to be considered first. 
This does not prevent the board from exercising its discretion 
in selecting teachers. 

The salary of the teacher likewise can not be diminished. If 
the teacher has no certifiicate the clerk can not issue an order 
for the payment of his salary. Sec. 4051 (§ 271). 

The teacher must be elected in the manner the law provides, 
and comply Avith all proper rules in reference thereto or he may 
be in danger of not being able to collect his salary. 

No teacher can be employed except at a meeting of the board 
of education, and by a majority of the board. If the meeting 
is a special one, each member must have been notified of the 
time and place of holding it. If a teacher goes from member 
to member of the board, and gets their individual assent to his 
employment, on certain terms, in their district, this will not 
constitute a legal contract. 

The assent of both parties must be given to a contract to 
make it binding. A resolution passed by a board of education, 
engaging the services of a person in any capacity, may be with- 
drawn at any time before the person accepts. (40 Mich., 84.) 

Even if time be given for the answer, and no consideration 
for this delay be paid, the proposal may be withdrawn at any 
time before acceptance. A letter mailed or a telegram sent 
determines the time acceptance is completed and the contract 
sealed. (Pollock on Contracts, 8.) 

The passage of a resolution to employ a certain teacher, 
notice sent to him, and the party accepting and entering upon 
his duties, constitutes a valid contract between the school board 
and the teacher. (12 C. C, 249.) 

Illegal provisions in a contract to employ a teacher, which 
are separate from the legal part and are not performed, do 
not invalidate his right to recover his salary, as where he was 
employed at a certain salary, with a provision that if he could 
not do the work alone he should have power to employ assist- 
ance at his own expense, but he performed the service without 
an assistant. (29 0. S., 161.) 



219 teacher's contract. § 206 

Form of Teacher's Contract. 

An agreement entered into between , of , 

county, Ohio, and the board of education of school district in 

county, Ohio; the said hereby agrees to teach in the 

public schools of said district for a term of months, and also 

agrees to abide by and maintain the rules and regulations adopted by 
said board for the government of said schools of said school district. 
And in consideration of such services, the said board of education 

agrees to pay the said the sum of dollars, payable 

monthly at the office of the treasurer of the board of education. 
Entered into this day of , 19. . 

, Teacher. 

, President. 

, Clerk. 

Any special provisions may easily be inserted. 

Miscellaneous ]\Iatters Eelating to Teacher's Compensa- 
tion. — If a teacher is engaged for a specific term and discharged 
without cause, he can recover, and the measure of damages 
is ordinarily the amount of stipulated wages, but this may be 
reduced by proof of ability to earn from other sources (Sch. 
Dist. V. Hale, 15 Col., 367). If a teacher was dismissed for 
cause and retained forcible possession of the school house and 
continued to teach, he could not recover anything after the 
date of his dismissal (Pierce v. Beck, 61 Ga., 413). It is ordi- 
narily no defense to an action for a teacher's wages under a 
contract, that there is no money on hand (Harrison v. McGreg- 
or, 96 Inch, 185). If the treasurer has money belonging to the 
district and refuses to pay it over on a proper order, he is 
personally liable (Edson v. Hayden, 18 Wis., 627). If a teacher 
leaves, on being notified that he did not give satisfaction, he 
can not recover for the remainder of the term, for his leaving 
would be construed as a voluntary act on his part (Frazier v. 
Sch. Dist., 24 Mo. App., 250). The wrongful exclusion of a 
pupil from the school by a teacher under the direction of the 
board does not defeat his right to wages (State v. Blain, 36 
Ohio St., 429). As a matter of course teachers can not draw 
pay from public funds unless the school taught was a public 
school (Ussery v. Laredo, 65 Tex., 406). 

Miscellaneous Matters Relating to Contract. — Teachers 
can not be employed for a longer period than allowed bv law 
(Golden v. N. 0. Sch. D., 34 La. Ann., 354; Sch. Dirs. v. Hart, 
4 111.- App., 224) ; and unless permitted by statute, no teacher 
can be employed beyond the expiration of the term of the 
board of education (Taylor v. Sch. C, 5 Jones (N. C.) L., 98; 
Stevenson v. Sch. Dirs., 87 111., 255) ; and contract made by 
members of the board when the board is not in session and 
afterwards approved at a special session of the board, is valid 
(Town of Milford v. Powner, 126 Ind., 528). It seems that a 
contract can not be annulled by the subsequent action of the 



§ 206 GUIDE FOR OHIO SCHOOL OFFICERS. 220 

school board in abolishing the department in which the teacher 
was engaged to teach (Sch. T. Milford v. Zeigler (Ind.), 27 
N. E., 303). If the board is exercising the functions of the 
board of education for the district, although not properly in 
office, they will be considered officers de facto, and the contract 
made with the teacher is binding (Sch. T. Milford v. Ziegler 
(Ind.), 27 N. E., 303) ; and such contract could not be set aside 
by a subsequently elected board, unless it was shown that the 
teacher was a part}^ to the fraud in an effort to forestall such 
subsequent board (Sch. T. Milford v. Zeigler (Ind.), 27 N. E., 
303; O'Neil v. Battie (Sup.), 15 N. Y. S., 818). Where not 
waived, a teacher's contract can not be fulfilled by procuring 
a substitute, however competent (Sch. Dirs. v. Hudson, 88 111., 
563). In all cases the statutory requirements must be com- 
plied with (Cascade v. Lewis, 43 Pa. St., 813). It has been 
held that where the president of the board is authorized to 
employ teachers with the consent of the board and he employs 
one by written contract, who begins to teach with the knowl- 
edge of each member, the consent of the other members will 
be presumed (Hull v. Ind. Dist. (Iowa), 46 N. W., 1053; 48 
N. "W., 82). However, where the statute fixes a mode and 
manner in which a teacher is to be selected, a contract other- 
wise made by individual members of the board will not be 
binding, and even ratification will not make it valid (Pa. L. 
Rod Co. V. Cass Bd. Ed., 20 W. Va., 360). If the teacher is 
unfit or incompetent to teach, the board can not waive this 
fact; the teacher should be discharged (Sch. Dist v. Maury, 
53 Ark., 471). If the resolution is properly passed it is imma- 
terial when the contract is signed (Sch. T. Milford v. Zeigler 
(Ind.), 27 N. E., 303). However, if the statute required the 
contract to be in writing, and the teacher performed the serv- 
ices, he would be entitled to compensation (Jones v. Sch. Dist., 
8 Kan., 362). A contract reserving the right to discharge the 
teacher at any time he fails to give satisfaction is valid (Sch. 
Dist. V. Colvin, 10 Kan., 283). Unless the statute prevents the 
board from employing a person related to them, the employ- 
ment of such person would not be iiecessarilv fraudulent 
(Dolan V. Jt. Sch. Dist. (Wis.), 49 N. W., 960). If the teacher 
is prevented from discharging his duties by no fault of his, he 
can recover his wages (Cashen v. Sch. Dist., 50 Vt., 30). See 
note under 4015-1 (§ 204). If the teacher is allowed to con- 
tinue after he has been dismissed by consent of the board, it 
is a waiver of such dismissal, and he could recover (Finch v. 
Cleveland, 10 Barb. (N. Y.), 290). 

Attachment or Garnishment of Teacher's Salary. — As a 
general rule, it may be stated that in the absence of statutory 
provision on the ground of public policy, the accrued salary of 
the public official can not be subjected to the claims of his 



221 ATTACHMENT OF TEACHER 's SALARY. § 206 

creditors by garnishment or attachment. The reasons nsnally 
given for this general rule is that is might cripple the public 
services ; that it might drive the official out of office ; that it 
might prevent him from earning a living, and the public in- 
terest and public convenience would suffer. If the statute 
provides that the attachment will lie for money in the hands 
of any "person, body politic, or corporate," it is held that by 
reason of such statutory provision the attachment will lie. 
(City of Newark v. Funk & Bro., 15 0. S., 462.) This case 
was an attachment of the salary of a city marshal. 

"While it is generally considered that a school teacher is not 
what might be properly termed a public officer, yet his em- 
ployment is of a public character, and some cases treat him as 
a public official and others do not. 

In Michigan, under a statute providing that no person shall 
be attached and garnished by reason of any money in his hands 
as a public officer, for which he is accountable merely as such 
officer to the principal defendant, that the salary due from a 
school district could not be garnished. (School Dist. No. 4 v. 
Gage, 39 Mich., 484.) 

In Kentucky it was held that the compensation of a common 
school teacher could not be attached principally upon the 
ground that the commonwealth has undertaken to establish 
and carry on at public expense a system of common schools 
and can not permit the wages of teachers of such schools to be 
intercepted and thereby be deprived of their services and 
affecting the efficiency of the public school system. (Allen v. 
Kussel, 78 Ky., 105.) 

In a case in Connecticut, however, it was held that the sal- 
ary of the school teacher could be attached. (Seymour v. 
Over River School District, 53 Conn., 502.) In this case the 
court said: "A teacher is not an officer in the ordinary sense- 
of the word ; he is not usually elected or appointed, but is em- 
ployed. He has duties to perform incident to his employment, 
but they are not official duties, and he is not under oath. We 
see no good reason why his salary should not be liable for his 
debts in the same way as the compensation of others employed 
by the district." 

The Supreme Court of Ohio has never passed on this ques- 
tion to my knowledge. In Swan's Treatise it is said a claim 
of defendant on public moneys in the hands of a fiscal officer, 
such as treasurer of the county, is not, probably, subject to 
attachment, but this seems to be contrary to the case above 
cited in 15 0. S., 462. 

Judge Bigger, judge of the Court of Common Pleas of Frank- 
lin County (39 BuL, 140), held that an attachment would lie, 
resting his opinion principally upon the decision of our Su- 
preme Court in the 15 0. S. Of course, even conceding that 



§ 206 GUIDE FOR OHIO SCHOOL OFFICERS. 222 

attachment would lie, it must be first shown that the teacher 
is not entitled to hold the same exempt from execution, for the 
claim is for personal earnings, and unless it exceeds $150 or 
runs back for more than three months, if the teacher is a 
married man it can not be attached. 

Notwithstanding the opinion of Judge Bigger, whether or 
not a teacher's salary can be garnished while it is still in the 
hands of the treasurer is a question of very great doubt in 
the mind of the author. Under the decision of the Supreme 
Court above referred to, the statute was so broad that the 
court could not escape from the conclusion at which it arrived. 
Since that time the various sections of the Revised Statutes, 
5530, referring to cases in the court of common pleas, and 6498, 
referring to proceedings before the justice of the peace, have 
been enacted, and these sections both provide that "if any 
person, partnership or corporation" has property of the de- 
fendant in his possession, a garnishment may be had. If these 
statutes stood alone, the court might hold that the word corpo- 
ration would be broad enough to include a public corporation, 
but in other sections, to wit, 5534 and 6499, it is provided how 
such partnership or corporation shall be served, and there is 
nothing in these sections indicating that a public corporation 
is included. And in consonance with the general rule that the 
ordinary statutes relating to garnishment are not to be con- 
strued so as to give such right against governmental officers in 
the absence of express language giving such right, the author 
is of the opinion, although not free from doubt, that the salary 
of the teacher in the hands of the treasurer can not be gar- 
nished. 

Suspension of Director. — The board may, by a two-thirds 
vote for cause, suspend o r remove a director, but he shall 
not be suspended or removed until charges are preferred 
in writing and an opportunity is given to be heard, etc. 
The statute does not define what may be sufficient cause. 
But any conduct on the part of the director that interferes 
with the welfare of the school is sufficient. On this mat- 
ter the board exercises its discretion. All the statute 
requires is that the director shall be fully apprised of the 
charges and an opportunity given to defend himself. If the 
board grossly abused its discretion, the courts might interfere ; 
otherwise, not. Whether the board shall hear oral testimony 
or not is questionable. From the fact that the testimony is to 
be made a part of the records it is probably intended that the 
evidence of witnesses should be made in the form of affidavits. 
This view is strengthened from the fact that no authority is 
given to administer oaths to witnesses. 

The charge may be in the following form: 



223 SUSPENSION OF DIRECTOR. § 206a 

Charge for Removal of Director of School 

District. 

To the Board of Education of School District: 

The undersigned, a resident of scliool district, makes 

the following charge against , dii'ector of said district: 

and asks your honorable board to take such action thereon as to you 
may seem just and right, as provided by section 4017 of the Revised 
Statutes of Ohio. 

In order that the records may fully disclose that a two-thirds 
vote was cast in the affirmative, it would be well to call the 
roll and have an aye and nay vote. If the charges are sus- 
tained, it would be well to notify the director of the result. 
As to the appointment of his successor, see section 36 (§ 3921a). 

Director of Schools in City. — The above section provides 
for a new officer in school matters. He is the executive officer 
of the board. His duties are specifically laid out by the stat- 
ute. He ought to be elected by a roll call and an aye and 
nay vote. 

He has the supervision of all buildings, except those men- 
tioned in the statute. He selects all employes, subject to the 
approval of the board, and it seems he has sole power of 
dismissal. 

§ 206a. [Unlawful to use influence, etc., or vote for son or 
daughter or brother or sister for teacher.] (§ 6975a.) It shall 
be unlawful for any person to offer or give, directly or in- 
directly, any reward or consideration, or make any present or 
reduction in price to any person employed in any of the public 
schools of this state, or to any officer having any authority or 
control over the same for favoring, recommending or advocat- 
ing the introduction, adoption or use, in the school in which 
such person is employed, or over which such officer has any 
authority or control, of any text-book, map, chart, globe, or 
other school supplies, or to induce him so to do ; and it shall 
be unlawful for any such employee or officer, to accept or to 
offer or agree to receive or accept any reward, consideration, 
present, gift, or reduction in price for so doing; and it shall 
also be unlawful for any local director or member of a board 
of education to vote for, or participate in the making of any 
contract with any person as a teacher or instructor in any of 
the public schools of this state to whom he is related as father 
or brother, or to act in any manner in which he is pecuniarily 
interested, or to receive, or offer to accept or receive any 



§ 206b GUIDE FOR OHIO SCPIOOL OFFICERS. 224 

reward or gain for any official act. Any person violating any 
of the foregoing provisions shall, upon conviction, be fined not 
less than twentj^-five dollars, and not more than five hundred 
dollars, or be imprisoned not more than six months, or both. 

(86 V. 207.) 

A member of a board of education or of a board of sub- 
directors can not legally vote for any person related, either 
by blood or marriage, in the degrees mentioned in section 6975a. 

Boards of education are given power to appoint teachers, 
and in the absence of gross abuse of discretion in the exercise 
of this power an injunction will not lie. (13 C. C, 207.) 

This section, as enacted March 31, 1892, repealed by impli- 
cation the same section as enacted March 15, 1892. (1 N. P., 
286.) (Pierce v. Bd. of Education of School District No. 14.) 

The restriction that no contract is valid unless money is in 
treasury and set apart, does not apply to contracts authorized 
by the provisions of law to be made for employing teachers 
and other school employes; see section 28346, under 3971 
(§82). 

§ 2066. [Minimum salary to teacher; state aid to weak dis- 
tricts.] Sec. 1. That no person shall be employed to teach in 
any public school in Ohio for less than forty dollars a month ; 
and that, when any school district in Ohio has not sufficient 
money to pay its teachers forty dollars per month for eight 
months of the year, after the board of education of said dis- 
trict has made the maximum school levy authorized by law, 
three-fourths of which shall be for the tuition fund, then said 
school district is hereby authorized to receive from the state 
treasury sufficient money to make up this deficiency. Any 
board of education having such a deficit shall make affidavits 
to the county auditor, who shall send a certified statement of 
the facts to the state auditor. The state auditor shall issue a 
voucher on the state treasurer in favor of the treasurer of said 
school district for the full amount of the deficit in the tuition 
fund. 

Sec. 2. No district shall be entitled to state aid as provided 
in section 1 of this act, unless the number of persons of school 
age in said district shall be at least twenty times the number 
of teachers employed in said district. (98 v. 200.) 

While no appropriation was made for state assistance, the 
remaining features of the law are in force just the same and 



225 TEACHERS — CITY DISTRICT. § 207 

boards of education are required to pay the minimum salary of 
forty dollars a month for eight months, provided the levy of 
twelve mills, three-fourths of which shall be placed in the 
tuition fund, will be sufficient for this purpose. Where the 
levy is not sufficient for this purpose, the schools should be 
continued for eight months at the highest salary the amount 
received from the levy will permit. 

§207. [Superintendents and teachers in city districts; ap- 
pointment and term of office; duties.] (§ 4017a.) The board 
of education in each cit}^ school district shall appoint a suitable 
person to act as superintendent of the public schools of the 
district, for a term not longer than five school years, the term 
to begin within four months of such appointment. Provided, 
that the present board of education shall not employ a super- 
intendent for a term to exceed [extend] beyond the school 
year ending August 31, 1905. Said superintendent shall, upon 
his acceptance of the appointment, become thereby empowered 
to appoint, subject to the approval and confirmation of the 
board, all the teachers, and he may for cause suspend any 
person thus appointed until the board or a committee of the 
board may consider such suspension, but no one shall be 
dismissed by the board except as provided in section 4017 
(§206), of the Revised Statutes of Ohio; provided that any 
city board of education may, upon a three-fourths' vote of 
its full membership, re-employ any teacher whom the super- 
intendent refuses to appoint. Said superintendent shall visit 
the schools under his charge, direct and assist teachers in the 
performance of their duties, classify and control the promo- 
tion of pupils, and perform such other duties as the board may 
determine. He shall report to the board of education an- 
nually, and oftener if required, as to all matters under his 
supervision, and may be required by the board to attend any 
and all of its meetings and may take part in its deliberations, 
but shall not vote. 

[Superintendent and teachers in other districts; appointment 
and term of office; duties.] The board of education of each 
village, township and special school district may appoint a 
suitable person to act as superintendent, and to employ the 
teachers of the public schools of the district, for a term not 
longer than three school years, the term to begin within four 



§ 208 GUIDE FOR OHIO SCHOOL OFFICERS. 226 

months of the date of the appointment; but nothing herein 
shall be construed as preventing two or more districts uniting 
and appointing the same person as superintendent. Provided, 
that the present board of education shall not employ a super- 
intendent or teacher for a term to extend beyond the school 
year ending August 31, 1905. The superintendent shall, upon 
his acceptance of the appointment, become thereby empowered 
to visit the schools under his charge, direct and assist teachers 
in the performance of their duties, classify and control the 
promotion of pupils, and perform such other duties as the 
board may determine. He shall report to the board of edu- 
cation annually, and oftener if required, as to all matters under 
his supervision, and may be required by the board to attend 
any and all of its meetings, and may take part in its delibera- 
tions, but shall not vote ; provided, however, that any board 
may permit or require the superintendent to devote a portion 
of his time to teaching, subject to the rules and regulations 
of said board. (97 v. 362.) 

§208. [Teachers, duties of; janitor work not required.] 
(§ 4018.) All teachers shall exercise reasonable care in regard 
to all school property, apparatus, and supplies intrusted to 
their keeping. They shall strive to guard the health and 
physical welfare of the pupils in their schools, give efficient 
instruction in the studies pursued, and endeavor to maintain 
and preserve good discipline over all the pupils under their 
charge. Provided, however, that no teacher shall be required 
by any board to do the janitor work of any school room or 
building, except as mutually agreed by special contract, and 
:^or compensation in addition to that received by him for his 
services as teacher. (97 v. 363.) 

If there is no special contract to do janitor work, and the teacher 
is required to perform the same in properly teaching school he can 
recover the value of the same from the Board of Education. Reid v. 
Board of Ed., 16 Dec. 414 ( ). 

School teacher — rights and liabilities in relation to pupil. 

1. Relation of Teacher and (c) When Being Illegal 

Pupil. as Being Excessive. 

2. Power to inflict corporal (d) What will Constitute 

Punishment. Excessive Punishment, 

(a) How Exercised. (e) Not Affected Because 

(6) What Teacher Should the Pupil is of Age. 

Take Into Considera- (/) Can Punish Even if 

tion. Forbidden by the Pa- 

rent. 



227 TEACHER— RIGHT AND LIABILITIES TO PUPIL. § 208 

3. Jurisdiction. Excused by the Pa- 

(a) Extent of as to Time rent. 

and place. 4. Power of Expulsion. 

(6) Teacher Can Not 5. Liability for Failure to In- 
Punish Child for Re- struct, 

fusing to Study, When 6. What are Reasonable 

Rules. 

The number of decisions upon the rights and liabilities of 
a teacher in relation to his pupil are not as numerous as the 
great number of persons interested and affected would warrant 
one in believing. 

For almost every one in the civilized world has at one time 
in his life been either a teacher or a pupil. 

These controversies, relating as they do to the control, man- 
agement and correction of pupils are apt to have their origin 
in wounded parental feeling and are frequently prosecuted 
with much bitterness. "It is a cause of congratulation," says 
Judge Lvon, "that so few of these controversies appear in 
the courts." (State v. Burton, S. C. Wis., 1879.) 

1. Relation of Teacher and Pupil. — The earlier authorities, 
as well as some of the modern ones, seem to place the authority 
of the teacher over the pupil while exists upon the same foot- 
ing as that of a parent over his child. fBrac. Abtr., tit. Assault 
and Battery, c: 1 Bish. Crim. Law, § 771.) But this seems to 
be too broad, and even as far back as Blackstone we are taught 
"that the teacher has such portion of the power of the parent 
committed to his charge, viz. : that of restraint and correction, 
as may be necessarv to answer the purposes for which he was 
emnloyed." (1 Black. Com.. 453.) 

Chittv adds in a note. "This power must be temperately 
exercised, and no schoolmaster should feel himself at liberty 
to administer chastisement eo-extensivelv with a parent, how- 
ever the infant might have a-npeared to have deserved it." 

In Lander v. Seaver (32 V.t.. 114). the court says: "The 
parent, unquestionably, is answerable only for malice or 
wicked motives, or an evil heart in r)unishing his child. This 
great and, to some extent, irresponsible power of control and 
correction is invested in the parent by nature und necessity. 
It springs from the relation of parent and child. It is felt 
rather as a duty than as a power. This parental power is little 
liable to be abused, fir it is continually restrained by natural 
affection, the tenderness which the parent feels for his off- 
spring, an affection ever on the alert, and acting rather bv 
instinct than by reasoning. The schoolmaster has no such 
natural restraint. Hence he may not be trusted with all the 
parent's authority, for he does not act from the inctinct of 
parental affection. He should be guided and restrained by 



§ 208 GUIDE FOR OHIO SCHOOL OFFICERS. 228 

judgment and wise discretion, and hence is responsible for 
their reasonable exercise." 

In Morrow v. Wood (S. C. Iowa, 1874; 13 Am. L. Reg., 692) 
it was claimed that the teacher had the right to prescribe the 
studies which the child should pursue, even as against the 
express directions of the parent. This was, however, denied by 
the court in the following language: "We do not think she 
had such right or authority, and we can see no necessity for 
clothing the teacher with such rights and arbitrary power. We 
do not really understand that there is any recognized principle ' 
of law, nor do we think there is any rule or morals or social 
usage which gives to the teacher an absolute right to prescribe 
and dictate what studies a child shall pursue, regardless of 
the wishes of the parent, and, as incident to this, gives the 
right to enforce obedience even as against the orders of the 
parent. From what source does the teacher derive this au- 
thority? From what maxim or rule of law of the land? Ordi- 
narily, it will be conceded the law gives the parent the exclu- 
sive right to govern and control the conduct of his minor chil- 
dren, and he has the right to enforce obedience to his commands 
by moderate and reasonable chastisement. And, furthermore, 
it is one of the earliest and most sacred duties taught a child 
to honor and obey its parents. . . . Now, we can see no 
reason whatever for denying to the father the right to direct 
what studies included in the prescribed course his child shall 
take." 

If a parent acts in good faith, prompted by pure parental 
love, without passion, inflicts no permanent injury in the child, 
he should not be punished merely because a jury, reviewing 
the case, deem it unwise to proceed so far (1 Bish. Cr. Law 
(7th ed.), § 882; Schouler's Dom. Rel. (4th ed.), § 244 I Black. 
Com., 556; 1 Greenl. Ev., § 97; 2 Addision on Torts (Wood's 
ed.), §840; Danenhoffer v. State, 69 Ind., 295; Com. v. Ran- 
dall, 4 Gray (Mass.), 36; State v. Burton, 46 Wis., 150; and 
the right of the parent may be delegated to the teacher (2 Kent. 
Com., § 203.) 

A schoolmaster is regarded as standing in place of the parent, 
and may administer, in case of misconduct, reasonable and 
proper punishment to a pupil, having regard to the character 
of the offense, the sex, age, size and physical strength of the 
offender; and he is liable criminally for any abuse of his au- 
thority, if prompted by malice or other proper motive, if un- 
reasonably severe, if inflicted with an improper instrument, 
or if resulting in permanent injury to the pupil (Boyd v. State, 
88 Ala., 169). 

2. Power to Inflict Corporal Punishment. — The authori- 
ties all concede the power of the teacher, under proper circum- 
stances, to inflict a corporal punishment. 



229 TEACHER RIGHT AND LIABILITIES TO PUPIL. § 208 

(a) In the case of Quinn v. Nolan (-i Cin. L. Bull., 81), Judge 
Harmon, in his charge to the jury, makes use of the following 
language: ''From the time of Solomon to the present, parents 
have had the right, in a proper manner and to a proper degree, 
of inflicting corporal punishment on their children, and when 
a parent sends the child to a public school, the teacher has the 
same right while the child is under his or her charge. 

"It is not disputed that bv the express rules of the school in 
question, to which rules the father assented when he sent his 
child there, corporal punishment was permitted in proper cases 
and in a proper manner. The question, therefore, in this case 
is, not whether the defendant inflicted corporal punishment on 
the child, for that is admitted, but whether, considering the 
offense of the child, if any, his age, condition and all the cir- 
cumstances, the defendant inflicted extreme and unnecessary 
punishment; because, while the teacher has a right to punish, 
it is the right to punish only in a proper manner and to a 
proper degree. If the teacher goes beyond that, the act be- 
comes unlawful and she is responsible for the consequences. 

"In determining this question, the jury should consider the 
offense, the size and apparent condition of the child, the char- 
acter of the instrument of punishment used, and the testimony 
as to the manner in which, and the extent to which, the punish- 
ment was inflicted." 

The State v. Pendergrass (2 Dev. & Bat., 365) is an early 
and leading case upon this subject, and is very plain and full 
as to the extent of this power. Here it is said: "The welfare 
of the child is the main purpose for which pain is permitted 
to be inflicted. Any punishment, therefore, which may seri- 
ously endanger life, limbs or health, or shall disfigure the child, 
or cause any permanent injury, may be pronounced in itself 
immoderate, as not only being unnecessary for, but inconsistent 
with, the purpose for which it is authorized. But any correc- 
tion, however severe, which produces temporary pain only, and 
no permanent ill, can not be so pronounced, since it may have 
been necessary for the reformation of the child and does not 
injuriously affect his future welfare. . . . "When the cor- 
rection administered is not in itself immoderate, and not there- 
fore beyond the authority of the teacher, its legality or illegal- 
ity must depend entirely on the quo animo with which it was 
administered. Within the sphere of his authority the master 
is the judge when correction is required, and of the degree of 
correction necessary; and like all others imparted with a dis- 
cretion, he can not be made penally responsible for error of 
judgment, but only for wickedness of purpose." 

In inflicting such punishment the teacher must exercise sound 
discretion and judgment, and must adapt it not only to the 
offense, but the offender. Horace Mann, a high authority in 



S 208 GUIDE FOR OHIO SCHOOL OFFICERS. 230 

the matter of schools, says of corporal punishment: ''It should 
be reserved for the baser faults. It is a coarse remedy, and 
should be employed upon the coarse sins of our animal nature, 
and when employed at all it should be administered in strong 
doses." Of course, the teacher in inflicting such must not ex- 
ceed the bounds of limitation. No precise rule can be laid down 
as to what shall be considered excessive or unreasonable pun- 
ishment. Each case must depend upon its own circumstances. 
(Reeves on Dom. Rel., 288, 534.) 

The teacher must exercise reasonable judgment and discre- 
tion and be governed as to the mode and severity of the punish- 
ment by the nature of the offense, and the age, size and ap- 
parent powers of endurance of the pupil. (Com. v. Eandall, 
4 Gray, 436.) 

(&) And he should also take into consideration the mental 
and moral qualities of the pupil, and, as indicative of these, 
his general behavior in school and his attitude toward his 
teacher, become proper subjects of consideration. And in 
making the chastisement the teacher may take into considera- 
tion, not merely the immediate offense which had called for 
the punishment, but the past offenses that aggravated the 
present one and showed the pupil to have been habitually 
refractory and disobedient. Nor is it necessary that the 
teacher should, at the time of inflicting the punishment, remind 
the pupil of his past and accumulating offenses. The pupil 
knew them well enough, without having them brought freshly 
to his notice. (Sheehan v. Sturges, 22 Eep., 455; s. c, 16 Cin. 
L. Bull., 33; S. C. Conn., 1886.) 

(c) The chastisement must not exceed the limits of moderate 
correction, and though courts are bound, with a view to the 
maintenance of necessary order and decorum in schools, to 
look Avith reasonable indulgence upon the exercise of this 
right, yet, whenever the correction shall appear to have been 
clearly excessive and cruel, it must be adjudged illegal. (Hath- 
not claim the prlivilege and receive it, and at the same time 
away v. Rice, 19 Vt., 102.) And the master is not relieved 
from liability in criminal cas6s for the punishment of a scholar 
which is clearly excessive and unnecessary by the fact that 
he acted in good faith and without malice, honestly thinking 
that the punishment was necessary, both fpr the discipline of 
the school and the welfare of the scholar. (Lander v. Seaver, 
32 Vt., 114.) 

(d) And whether under the facts the punishment was ex- 
cessive must be left to the jury to decide. (Com. v. Randall, 
4 Gray, 36.) But in the State v. Mizner, it was said, that 
"any punishment with a rod which leaves marks or welts on 
the person of the pupil for two months afterwards, or much 
less time, is immoderate and excessive, and the court would 



231 TEACHER — RIGHT AND LIABILITY TO PUPIL, § 208 

have been justified in so instructing the jury." (50 Iowa, 
1-15.) The pupil must also understand and know, or have the 
means of knowing, for what offense he is being punished. 
(Icl.) 

In criminal actions, if there is a reasonable doubt whether 
the punishment was excessive, the teacher should have the 
benefit of the doubt. (Lander v. Seaver, 32 Vt., 114; Whar. 
Crim. Law, 1259.) 

In an English case, where, on the boy's return to school, his 
master wrote to the boy's parent, proposing to beat him se- 
verely, in order to subdue his alleged obstinacy, and on receiv- 
ing the father's permission, beat the boy for two hours and a 
half, secretly in the night and with a thick stick until he died 
it was held that he was guilty of manslaughter, and not mur- 
der, no malice being proven. (R. v. Hopley, 2 F. & F., 202.) 

And in the absence of all proof the law presumes that the 
teacher punishes his pupil for a reasonable cause and in a 
reasonable manner. 

But this presumption, like other legal presumptions, may 
be rebutted by proof. (State v. Mizner, 50 Iowa, 115; s. c, 
32 Am. Eep., 128; Hathaway v. Rice, 19 Vt., 102.) And the 
teacher has the right to show that the chastisement was rea- 
sonable and for misconduct in school. (State v. Mizner, 45 
Iowa, 248; s. c, 24 Am. Rep., 769.) 

(e) And the teacher's right to chastise his pupils is not 
affected by the fact that the pupil, voluntarily in the school, 
is of lawful age and therefore not entitled to attend school. 
(Id.) 

Upon this question the Supreme Court of Maine makes use 
of the following language (Stewart v. Fassett, 27 Me., 266, 
287) : ''But it is insisted that if such is the authority over 
one who is in the legal contemplation a scholar, the same can 
not apply to the case of one who has no right to attend the 
school as a pupil. It is not necessary to settle the question 
whether one living in the district and not being between the 
age of four and twent3^-one years can, with propriety, require 
the instruction of town schools. If such does present himself 
as a pupil, is received and instructed by the master, he can 
not claim the privilege and receive it, and at the same time 
be subject to none of the duties incident to a scholar. If dis- 
obedient, he is not exempt from liability to punishment, so 
long as he is treated as having the character which he as- 
sumes. He can not plead his own voluntary act, and insist 
that it is illegal, as an excuse for creating disturbances, and 
terrupting the ordinary business of the school." 
escape consequences which would attach to him either as a 
refractory, incorrigible scholar, or as one who persists in in- 

(/) And the teacher has the right to punish the pupil within 



§ 208 GUIDE FOR OHIO SCHOOL OFFICERS. 232 

the bound of law, even though he has instruction from the 
father that the child must not be whipped. (State v. Manx, 
Straus, 3 Tenn. Law Eep., 19.) He is the absolute .judge of 
the kind of punishment to be inflicted, with the limitation that 
it shall be reasonable and usual, - and not destructive of the 
relation, or subversive of the contract under which the relation 
exists. (Stare v. Litchfield, 40 Barb., 511.) It may be by 
whipping, or he may impose any reasonable restraint upon the 
person of the pupil which will prevent disorder in his school. 
(Fitzgerald v. Northcote, 4 F. & F., 656; Cooley on Torts, 
171.) 

But it was held that where a person took a pupil into his 
house, agreeing to instruct and protect him and provide for 
his physical wants, he was not entitled to turn him out into the 
street, withdraw his care, and deny him shelter and the com- 
fort of his home, under the name and form of punishment. 
Such mode of punishment is neither reasonable nor usual. 
(Stare v. Litchfield, 40 Barb., 541.) 

Where teacher, after chastising pupil severely in school- 
room, followed him into the yard, struck him with a stick, 
put his hands in his pocket as if to draw a knife, when the 
pupil only protested, and after apologizing for language im- 
puted, asked to withdraw, and the teacher hit him in the face 
three times with his fist, and then hit him over the head with 
the butt end of a switch, from which the eye was closed for 
several days, and the teacher remarked in the presence of the 
school that he could Avhip any man in China Grove beat, he 
was convicted and fined. (Boyd v. State, 88 Ala., 169.) 

3. Jurisdiction. — It is conceded that the right to punish 
extends to school hours, and that there seems to be no reason- 
able doubt that the supervision and control of the master over 
the pupil extends from the time he leaves home to attend 
school till he returns home from school. 

In the recent case of Balding v. State (24 Reporter, 314; 
8 Cin. Law Bull., 217), the court of appeals in Texas held that 
a public school teacher may require the preparation of lessons 
at the home by the scholar: "Teachers have the same right, 
the same as parents, to prescribe reasonable rules for the 
government of children under their charge, and to enforce by 
moderate restraint and correction obedience to such rules. 
This authority of a teacher over his pupil is not, in our opin- 
ion, necessarily limited to the time when the pupils are at the 
school-room, or under the actual control of the teacher. Such 
authority extends, we think, to the prescribing and enforce- 
ment of reasonable rules and requirements, even while the 
pupils are at their homes." 

(a) In the case of Lander v. Seaver (32 Vt.-, 114), it was 
held that, although a schoolmaster has in general no right to 



233 TEACHER — POWER OP EXPULSION. § 208 

punish a pupil for misconduct committed after the dismissal 
of the school for the day and the return of the pupil to his 
home, yet he may, on the return of the pupil to school, punish 
him for any misbehavior, though committed out of school, 
which has a direct and immediate tendency to injure the school 
or subvert the master's authority. 

In the recent case of Derkins v. Goss (20 Cent. L. J., 418: 
S. C. Mo., 1885), decided that the teacher has the right to 
make a rule, and to enforce it by whipping, prohibiting the 
boys from swearing, quarreling or fighting on their way home 
from school and before the parental authority over them has 
been resumed. 

(&) But it has been held that the teacher had no right to 
compel the pupil to study certain branches when the pupil was 
excused therefrom by his parent, and if the teacher attempted 
to force the pupil so to do and the pupil refused and the teach- 
er inflicted corporal punishment upon such pupil for such re- 
fusal, that the teacher would be guilty of assault and battery. 
(Morrow v. Wood, 13 Am. Law Reg., N. S. 693.) 

And it was said that until compulsory education was estab- 
lished that the court was unwilling to establish the rule that a 
teacher may punish a pupil for not doing something the parent 
has requested the pupil to be excused from doing. (State v. 
Mizner, 50 Iowa, 145 ; 32 Am. Rep. 128.) 

The fact that the school was a public one, in which the 
studies were prescribed by statute, did not vary the general 
rule as to the right of the parent to direct the omission of a 
part of the prescribed studies. (Id.) 

4. Power of Expulsion. — The teacher has not, it seems, a 
discretionary power of expulsion, but only for reasonable 
cause. (Fitzgerald v. Northcote, 4 F. & F., 685.) The power 
of expulsion is usually placed in the hands of the school direc- 
tors or other committee in charge of the school. And the 
teacher generally has power only to suspend the pupil until 
the matter can be brought to the attention of such superior 
body. This is regulated by statute in some of the states. 
(Rev. Stat. Ohio, 4014 [§ 202].) For a wrongful expulsion the 
teacher would be liable in damages, not only to the child, but 
in Roe v. Deming, it was held that the father of a child, en- 
titled to the benefits of the public school of the sub-district of 
his residence, may maintain an action against the teacher of 
the school and the local directors of the sub-district for dam- 
ages for wrongfully expelling tKe child from school. (Ohio 
St., 666.) 

This question was verv thoroughly discussed in State v. 
Burton (18 Am. Law Reg., 233; S. C. Wis., 1879), in which it 
was said that ''the teacher is responsible for the discipline of 
his school, and for the progress, conduct and deportment of his 



S 208 GUIDE FOR OHIO SCHOOL OFFICERS. 234: 

pupils. It is his imperative duty to maintain good order and 
require of his pupils a faithful performance of their duties. 
If he fails to do so, he is unfit for his position. To enable him 
to discharge these^ duties effectually, he must necessarily have 
the power to enforce prompt obedience to his commands. For 
this reason the law gives him the power, in proper cases, to 
inflict corporal punishment upon refractory pupils. But there 
are cases of misconduct for which such punishment is an inade- 
quate remedy. If the offender is incorrigible, suspension or 
expulsion is the only adequate remedy. In general, no doubt, 
the teacher should report a case of that kind to the proper 
board for its action in the first instance, if no delay will neces- 
sarily result from that course prejudicial to the best interests 
of the school. But the conduct of a recusant pupil may be 
such that his presence for a day or an hour may be disastrous 
to the discipline of the school and even to the morals of the 
other pupils. In such a case it seems absolutely essential to 
the welfare "of the school that the teacher should have the 
power to suspend the offender at once from the privilege of 
the school ; and he must necessarily decide for himself whether 
the case requires that remedy. If he suspend the pupil, he 
should promptly report his action to the board. It will be 
seldom that the teacher in charge of the school will be com- 
pelled to exercise this power, because usually he can readily 
communicate with the district board and obtain the direction 
and order of the board in the matter. But where the govern- 
ment of a public school is vested in a board of education, with 
a more numerous membership than district boards, and which 
hold stated meetings for the transaction of business, the facili- 
ties for speedy communication with the board may be greatly 
decreased, and more time must usually elapse before the board 
can act upon a complaint of the teacher. In those schools the 
occasion which requires the action of the teacher in the first 
instance will occur more frequently than in the district schools. 
"We conclude, therefore, that the teacher has, in a proper 
case, the inherent power to suspend a pupil from the privileges 
of the school, unless he has been deprived of the power by the 
affirmative action of the board." 

See suspension of pupil, §4014 (§202). 

5. Liability for Failure to Provide. — ^Whether an action 
will lie against a teacher for a failure to instruct a pupil that 
lawfully comes to him for instruction, or whether the remedy 
is confined to an appeal to the governing board, Judge Cooley 
says (page 288), in his work on Torts, is left in doubt by the 
authorities, though he expresses the opinion that such refusal 
is actionable. And in Spear v. Cummings, 23 Pick., 224, it 
was held that the teacher of a town school was not liable to an 



235 TEACHER — REASONABLE RULES. § 208 

action by the parent for refusing to instruct his children. If 
an action can be maintained in such case, it should be in the 
name of the child and for his benefit. (Stephenson v. Hall, 
14 Barb., 222.) 

There is no implied contract between a teacher and a pupil 
in the public schools that the former shall teach the latter; 
so held, where a teacher refused to hear the pupil recite any 
lesson in any study unless he would procure a copy book and 
take lessons in a certain system of penmanship. (Bd. Ed. v. 
Common Council District (Mich.), 45 N. W., 5851.) 

6. What are Reasonable Rules. — A rule providing that 
pupils may be suspended from school in case they shall be 
absent or tardy, except for sickness or other unavoidable cause, 
a certain number of times, is a reasonable and proper rule for 
the government of the school. (Burdick v. Babcock. 31 Iowa, 
562.) Also to exclude a child whom it is deemed is of a licen- 
tious character and immoral, although such character is not 
manifested by any acts of licentiousness or immorality within 
the school. (Sherman v. The Inhabitants of Charleston, 8 
Cush., 160.) Likewise, for acts of neglect, carelessness of pos- 
ture in his seat and recitation, tricks of playfulness and inat- 
tention to study, and the regulations of the school in minor 
matters. (Hodgkin v. Rockport, 105 Mass., 475.) 

A requirement by a teacher of a district that the pupils in 
grammar schools shall write English compositions is a reason- 
able one, and if such pupil, in the absence of a request from 
his parent, refuse to comply with such rule, he may be expelled 
from the school on that account. (Guernsev v. Pitkin, 32 
Vt., 224.) 

But a rule that required that no pupil should attend a social 
party is not reasonable, and an expulsion for such violation of 
such a rule would be illegal. (Dritt v. Snodgrass, 66 Mo., 
286.) 

A regulation that each scholar, when returning to school 
after recess, shall bring into the school room a stick of wood 
for the fire is not needful for the government of the school, 
and a scholar can not be suspended for a refusal to comply 
with such rule. (State v. Board of Education, 24 Am. Law 
Reg., 601; S. C. Wis., 1885.) 

A rule requiring pay for school property wantonly or care- 
lesslv destroved should not be enforced by corporal punish- 
ment. (State V. Vanderbilt (Ind.), 18 N. E., 266.) 
See § 92 as to reasonable rules. 

The policy of the law seems to be, as it should be, that the 
teacher is to be as little hampered in his school management as 
possible by outside persons. And it has always occurred to 
us that, unless there has been a flagrant violation of law and a 



§ 209 GUIDE FOR OHIO SCHOOL OFFICERS. 236 

mean, malicious spirit manifested by the teacher, parents and 
others ought not to interfere. 

§209. [Teachers dismissed for insufficient cause may insti- 
tute suit.] (§ 4019.) If the board of education of any district 
dismiss any teacher for any frivolous or insufficient reason, 
such teacher may bring suit against such district, and if, on 
the trial of the cause, a judgment be obtained against the dis- 
trict, the board thereof shall direct the clerk to issue an order 
upon the treasurer for the sum so found due to the person 
entitled thereto, to pay the same out of any money in his 
hands belonging to such district, and applicable to the pay- 
ment of teachers; and in such suits process may be served on 
the clerk of the district, and service upon his [him] shall be 
sufficient. (97 v. 363.) 

Sec. 4020. Repealed, 88 v. 568, § 10. 

4020-1) Sec. 1. (Superseded by §§4020-10—4020-14, but not re- 
pealed. Enacted, 88 v. 568.) 

Dismissal of Teacher. Order of Dismissal. 

Improper Conduct. Form of Order. 

Written Charge. Miscellaneous Matters Relat- 

Trial. ing to Dismissal. 

Dismissal of Teacher. — Each board of education may dis- 
miss any appointee or teacher for inefficiency, neglect of duty, 
immorality or improper conduct ; but no teacher shall be dis- 
missed by any board unless the charges are first reduced to 
writing, and an opportunity be given for defense before the 
board or committee thereof, and a majority of the full mem- 
bership of the board upon roll call vote in favor of such dis- 
missal, section 4017 (§206). The first clause above gives the 
causes ; the second, the method of procedure. 

If the board acts strictly as directed by statute, they will 
not be liable in a suit for damages; if they do not, they may 
be. The four causes for which they may be dismissed are (1) 
inefficiency; (2) neglect of duty; (3) immorality, and (4) im^ 
proper conduct. 

INEFFICIENT. 

(1) To be inefficient is to be not efficient, and to be efficient 
is to be able to produce, or cause to exist. As used here it 
means that the person must have the faculty and possess the 
ability to produce that which he is employed to do; i. e., the 



237 DISMISSAL OF TEACHER. § 209 

education of the children sent to his school; if for any reason 
he is unable to do this in a reasonable degree, he is inefficient. 
The teacher might be inefficient for the want of a proper 
education, although having a certificate, the presumption 
would be that he is not inefficient from this cause ; then he 
might be inefficient by reason of his health, or because of his 
want of executive ability or power to properly conduct his 
school and control his scholars; then he might be possessed 
of such a temper as to retard or destroy his ability to accom- 
plish anything, or possibly there might be such antipathy be- 
tween him and his scholars as would make him inefficient; or 
he might be thrown into such circumstances that his useful- 
ness as a teach-er is destroyed. The state is interested in the 
education of her children. She makes ample provision to that 
end. She employs teachers for that purpose, and to accom- 
plish that end pays the teacher; and if the teacher can not or 
does not accomplish that purpose, then he not only does not 
earn his salary, but he is causing an injury to the public, and 
should be dismissed. The school board is not an eleemosynary 
institution. 

NEGLECT OP DUTY. 

(2) Neglect of duty, no doubt, will cause a teacher to be 
inefficient, and still not be guilty of neglect of duty as here 
used. The neglect to perform the conditions of his contract 
would be a neglect of duty for which he might be discharged, 
so would a refusal to abide by the rules of the board of edu- 
cation in reference to the conduct of the school, or to teach 
the required branches, or to keep school open the proper hours, 
or to keep himself in a cleanly condition. 

(3) Immorality. — In no avocation of life, the ministry of 
the gospel not excepted, should there be a higher standard of 
morality than in that of the school teacher. He is, and should 
be, an example for his pupils. His language at all times should 
be chaste and pure and his conduct everywhere above criticism. 
Specifically stated, he should not swear or use lewd language ; 
he should not consort with women of questionable character; 
he should not frequent saloons or gambling houses; he should 
not drink intoxicants to excess; better not drink them at all; 
he should not use tobacco in the school room, cigarettes any- 
where; he should not associate with criminals or evil-disposed 
persons; he should not violate the laws of his country; he 
should not be untruthful or take advantage of his fellowmen 
by dishonest and designing practices. 

In another state it was held that a man who habitually vio- 
lated his duty of profanity and Sabbath breaking was of bad 
moral character and not a proper person to teach school. 
(Wieman v. Mabee, 45 Mich., 2184.) 



§ 209 GUIDE FOR OHIO SCHOOL OFFICERS. 238 

The fact that the teacher has been licensed by the county 
examiners, and the latter have failed to make the certificate, 
is not conclusive on the board as to the morality of the teacher. 
(Sch. Dist. V. Maury, 53 Ark. St., 471.) Neither will the fact 
that the board has tolerated the teacher's misconduct and 
efficiency for a time operate as a waiver of its right to dis- 
charge him. (Sch. Dist. v. Maury, 53 Ark., 471.) 

Improper Conduct. — Just what is meant by improper con- 
duct, outside of what might be included in one or all of the 
other grounds of dismissal, is not easily discernible. It prob- 
ably means any conduct on the part of the teacher that will 
destroy or interfere with the general welfare of the school. 
Thus, if the teacher refused to receive back a pupil whom he 
suspended, when his action was overruled by the board (Park- 
er V. School Dist., 5 Lea (Tenn.), his conduct would be im- 
proper. It is said that under the common law a teacher is 
subject to discharge if he fails to perform his duty in any 
material point. (Tripp v. Sch. Dist., 50 Wis., 657.) If the 
teacher is unable and incompetent to teach the branches he is 
employed to teach, he may be dismissed. (Crawfordsville v. 
Hayes, 42 Ind., 200.) 

Written Charge. — The charge upon which the teacher is 
to be dismissed must be in writing, and it should set out spe- 
cifically the grounds of the same. It should not merely allege 
that the teacher is guilty of inefficiency, etc., but it should 
state how he is inefficient, or in what manner he neglects his 
duty, or what he has done that makes him immoral, or how he 
has been guilty of improper conduct, etc. The form may be 
similar to that to remove a director (§ 206) and the trial 
may be much in the same manner. 

Trial.— It has been said ''that the delicate nature of the 
duty devolved upon trustees to see that unfit or incompetent 
persons are not put or kept in charge of the children who 
attend the common schools forbids the idea of a trial with the 
formalitv and strictness that belongs to courts." (People v. 
Bd. of Ed., (N. Y.), 181.) 

The only thing that the law requires is that the teacher be 
given a fair opportunity to be heard, and produce whatever 
defense he may have. There is no power to subpoena witnesses 
or swear them, neither must it be a matter of record like in 
the dismissal of a director. It would be well to have the 
matter submitted upon oral testimony where the same could 
be done, but if this could not be done, then upon affidavits. 

Order of Dismissal. — Where all the testimony is in, then if 
the matter has been heard by a committee, the committee makes 
a report, and the entire board takes a vote, and if two-thirds 



239 DISMISSAL OP TEACHER. § 209 

of the full membership of the board votes in favor of a dis- 
missal, or sustaining of the charge, the teacher is dismissed. 
There must be a roll call and an aye and nay vote upon this 
proposition. He should be formally notified of this action of 
the board. All these matters should be spread upon the min- 
utes. 

Form of Order. 

To .• 

Sir: — You are hereby notified that at a regular (or special) meet- 
ing of the board of education, of district, the charges against 

you of were sustained by a two-thirds vote of the full member- 
ship of said board, and you were ordered dismissed as a teacher of 
school. You will please take due notice thereof, and act ac- 
cordingly. Your services will end on , the day of , 

190.. 

(Date.) 



Clerk of Board of Education of School District. 

Miscellaneous Matters Relating to Dismissal. — If the 
board act in good faith in their actions in dismissing a teacher, 
they will not be personally liable for damages. (Gregory v. 
Small, 39 Ohio St., 346.) They should proceed as directed by 
law. (Townsend v. Sch. Trs., 41 N. J. L., 312.) The fact that 
the teacher has a certificate of good moral character is not 
conclusive, and the board may dismiss him if they find him 
to be immoral. (Sch. Dist. v. Manury, 55 Ark., 47; McCutehen 
V. Windsor, 55 Mo., 149.) In one case it is said: "The delicate 
nature of the duty devolved upon the board to see that unfit 
or incompetent persons are not put or kept in charge of the 
children who attend the common schools forbids the idea of 
the trial with the formalitv and strictness that belongs, to 
courts." (The People v. Bd. of Ed., 3 Hun (N. Y.), 181.) If 
the teacher is incompetent or unable to teach the branches of 
instruction he has been employed to teach, he may be dismissed. 
(Crawfordsville v. Hays, 42 Ind., 200.) So if he is charged 
with outrageous crimes. (Tingley v. Vaughn, 17 111. App., 
347.) If a teacher refused to take back a pupil whom he had 
suspended, when so directed by the board, he might be dis- 
missed. (Parker v. Sch. Dist., 5 Lea (Tenn.), 525.) The mere 
fact that the board tolerates a teacher's misconduct and in- 
efficiency for a time does not operate as a waiver of right to 
discharge him therefor. (Sch. Dist. Ft. Smith v. Maury, 53 
Ark., 471.) If the teacher is discharged without cause, he may 
recover the amount of his wages according to the contract. 
(Bd. Regents v. Mudge, 21 Kans., 223; Ewing v. Sch. Dirs., 
2 111. App., 458.) Unless, as one court has held, he could have 
procured similar emplovment, the burden of proving which is 
on the board. (Sch. Dist. v. Stilley, 36 111. App., 133.) 



S 210 GUIDE FOR OHIO SCHOOL OFFICERS. 240 

4020-2) Sec. 2. (Superseded by §§4020-10—4020-14, but not re- 
pealed.) 

(4020-3) Sec. 3. (Superseded by §§4020-10—4020-14, but not re- 
pealed.) 

(4020-4) Sec. 4. (Superseded by §§4020-10—4020-14, but not re- 
pealed.) 

(4020-5) Sec. 5. (Superseded by §§4020-10—4020-14, but not re- 
pealed.) 

(4020-6) Sec. 6. (Superseded by §§4020-10—4020-14, but not re- 
pealed. ) 

(4020-7) Sec. 7. (Superseded by §§4020-10—4020-14, but not re- 
pealed. ) 

(4020-8) Sec. 8. (Superseded by §§4020-10—4020-14, but not re- 
pealed.) 

(4020-9) Sec. 9. (Superseded by §§4020-10—4020-14, but not re- 
pealed. Enacted, 88 v. 568.) 

TEXT-BOOK LAW. 

§ 210. [Filing and preservation of copies and prices of 
school books.] (§4020-10). Sec. 1. Any publisher or pub- 
lishers of school books in the United States desiring to offer 
school books for use by pupils in the common schools of Ohio 
as hereinafter provided, shall, before such books may be law- 
fully adopted and purchased by any school board in this state, 
file in the office of the state commissioner of common schools 
a copy of each book proposed to be so offered, together with 
the published list wholesale price thereof, and no revised 
edition of any such book shall be used in the common schools 
until a copy of such revised edition shall have been filed in 
the office of the said commissioner, together with the published 
list wholesale price thereof. The said commissioner shall care- 
fully preserve in his office all such copies of books and the 
prices thereof so filed. (92 v. 282.) 

Adoption of Series of School Books, etc. — It is within the 
province of the legislature to pass an act prescribing a 
certain series of books to be used in the schools, and such an 
act would not conflict with a constitutional provision provid- 
ing that it should be the duty of the legislative assembly to 
establish and maintain a general, uniform and thorough system 
of public,- free common schools. (Campana v. Calderhead, 17 
Mont., 548.) Such an act does not impune the right of local 
self-government. (State v. Haworth. 182 Ind.. 462) ; and if 
the legislature does not exercise this power itself, it is properly 
conferred upon the school trustees (State v. Dixon County 
School Dist. No.—, 31 Neb., 552; The State v. Bronson, 115 
Neb., 271) ; and it has often been held that the legislature 
might give to one person an exclusive privilege for a definite 



241 TEXT BOOKS — LAW. § 211 

length of time of furnishing books and compelling the school 
officers to procure them from him as well as its patrons (State 
V. Haworth, 122 Ind., 462) ; and the pupil may be suspended 
for refusal to procure a prescribed book (State v. Weber, 108 
Ind., 31) ; and the parent can not insist that his child shall be 
allowed to use a text-book different from that adopted by the 
proper authorities (Lakeview School v. People, 87 111., 303) ; 
and where the legislature confers the authority upon the school 
board to adopt a series of text-books, such action of the board 
of education is a discretionary one and can not be reviewed by 
a court. (People v. Oakland, 54 Calif., 375.) 

However, a board of education must follow as the statute 
provides in adopting a certain series of books, and if they at- 
tempt to annul their action previous to the time allowed by 
statute, the court will compel them to allow the continued 
use of the books adopted until the end of the time for which 
they had been adopted (People v. Frost, 32 111. App., 242) ; 
and this authority may be invoked by the parent of the child 
attending the school. (State v. Columbus, 35 Ohio St., 368.) 

The courts are powerless to prevent the legislature from pre- 
scribing what kind of text-books shall be used in schools and 
in directing how and upon what terms they shall be procured, 
and in giving to one person for a definite period of time an 
exclusive contract for purchasing the same. (Currier v. -Mer- 
rill, 25 Minn., 1.) 

§ 211. [Maximum price; notification of publisher.] (§4020-11.) 
Sec. 2. Whenever and so often as any book and the price 
thereof shall be so filed in the commissioner's office as provided 
in section 1, a cominission consisting of the governor, the sec- 
retary of state and the state commissioner of common schools 
shall immediately fix the maximum price at which such books 
may be sold to or purchased by boards of education as here- 
inafter provided, which maximum price so fixed on any book 
shall not exceed seventy-five per cent, of the published list whole- 
sale price thereof, and the state commissioner of common schools 
shall immediately notify the publisher of such books so filed, 
of the maximum price so fixed. If the publisher so notified 
shall notif}^ the commissioner in writing that he accepts the 
price so fixed, and shall agree in writing to furnish such book 
during a period of five years at the price so fixed, such written 
acceptance and agreement shall entitle said publisher to offer 
said book so filed for sale to said board of education for use 
by the pupil under the terms of this act. (92 v. 282.) 



§§ 212-214 GUIDE FOR OHIO SCHOOL OFFICERS. 242 

§ 212. [Notices to boards ; legality dependent on compli- 
ance.] (§ 4020-12.) Sec. 3. The said commissioner shall 
during the first half of the month of June, 1896, and during 
the first half of the month of June in each year thereafter, 
furnish to each board of education the names and addresses 
of all publishers who shall have during the year ending on the 
first day of said month of June in each year, agreed in writing 
to furnish their publications upon the terms provided in this 
act. And it shall not be lawful for any board of education to 
adopt or cause to be used in the common schools any book 
whose publisher shall not have complied, as to said book, with 
the provisions of this act. (92 v. 282.) 

§ 213. [Procedure upon violation of agreement by pub- 
lisher,] (§ 4020-13.) Sec. 4. If any publisher who shall have 
agreed in writing to furnish books as provided in this act, 
shall fail or refuse to furnish such books adopted as herein 
provided to any board of education or its authorized agent 
upon the terms as herein provided, it shall be the duty of 
said.board at once to notify the said commission of such failure 
or refusal, and the commission shall at once cause an investiga- 
tion of such charge to be made, and if the same is found to be 
true, the commission shall at once notify said publisher and 
each board of education in the state that said book shall not 
hereafter be adopted and purchased by boards of education; 
and said publisher shall forfeit and pay to the state of Ohio five 
hundred dollars for each failure, to be recovered in the name of 
the state, in an action to be brought by the attorney-general, in 
the court of common pleas of Franklin county, or in any other 
proper court or in any other place where services can be 
made, and the amount, when collected, shall be paid into the 
state treasury to the credit of the common school fund of the 
state. (92 v. 282.) 

§214. [When contract made; shipment of books, etc.; sale 
to pupils; purchase from pupils; free books.] (§4020-14.) 
Sec. 5. Each board of education, on receiving the statements 
above mentioned, from said commissioner, shall, on the third 
Monday in August thereafter meet, and at such meeting, or 
at an adjourned meeting within two weeks after said Monday, 
determine by a majority vote of all members elected the studies 



243 TEXT BOOKS FOR PUPIL. § 214: 

to be pursued aud which if said text-books so filed shall be 
used in the schools under its control, but no text-books so 
adopted shall be changed, nor any part thereof altered or 
revised, nor shall any other text-book be substituted therefor 
for five years after the date of the selection and adoption 
thereof without the consent of three-fourths of all the mem- 
bers elected, given at a regular meeting; and each board of 
education shall cause it to be ascertained, and at regular meet- 
ings in April and August shall determine which, and the num- 
ber of each of said books the schools under its charge shall 
require, until the next regular meetings in April and August, 
and shall cause an order to be drawn for the amount in favor 
of the clerk of the board of education, payable out of the 
contingent fund ; and said clerk shall at once order said books 
so agreed upon by the board, of the publisher, and the pub- 
lisher, on the receipt of such order, shall ship such books to 
said clerk without delay, and the clerk shall forthwith ex- 
amine such books, and, if found right and in accordance with 
said order, remit the amount to said publisher, and the board 
of education shall pay all charges for the transportation of 
such books out of the school contingent fuijd; but if said 
boards of education can, at any time, secure of the publishers 
books at a price less than said maximum price, it shall be its 
duty so to do, and may, without unnecessary delay, make effort 
to secure such lower price before adopting any particular 
text-book. 

[Sale to pupils.] Each board of education shall have power 
to, and shall make all necessary provisions and arrangements 
to place the books so purchased within easy reach of and ac- 
cessible to all the pupils in their district, and for that purpose 
may make such contracts and take such security as they may 
deem necessary for the custody, care and sale of such books 
and accounting for the proceeds ; but not to exceed ten per 
cent of the cost price shall be paid therefor, and said books 
shall be sold to the pupils of school age in the district, at the 
price paid the publisher, and not to exceed ten per cent, there- 
for added, and the proceeds of such sale shall be paid into the 
contingent fund of such district, and whoever receives said 
books from the board of education for sale as aforesaid to the 
pupils, and fails to account honestly and fully for the same, 



§ 214 GUIDE FOR OHIO SCHOOL OrFIGERS. 244 

or for the proceeds to the board of education when required, 
shall be guilty of embezzlement and punished accordingly. 

[Local dealers.] Provided, however, boards of education 
may contract with local retail dealers to furnish said books at 
prices above specified, the said board being still responsible to 
the publishers for all books purchased by the said board of 
education. 

[Removal — Free books.] And when pupils remove from any 
district, and have text-books of the kind adopted in such 
district, and not being of the kind adopted in the district to 
which they remove, and wish to dispose of the same, the board 
of the district from which they remove, when requested, shall 
purchase the same at a fair value thereof, and resell the same 
as other books ; and nothing in this act shall prevent the board 
of education from furnishing free books to pupils as provided 
by law. That for the purpose of carrying into effect the fore- 
going provisions of this act and paying the expenses incident 
thereto, there be and is hereby appropriated out of any money 
in the state treasury, to the credit of the general revenue 
fund, not otherwise appropriated, the sum of five hundred 
dollars, to be disbursed and paid on the allowance and order 
of said commissioner. (92 v. 282.) 

As to free books see §4126 (§239). 

Purpose of Text-book Law. Price to be Paid. 

Selection of Text-book. Disposal of Books to Pupils. 

Purpose op Text-Book Law. — The fierce rivalry among pub- 
lishers of text-books sometimes led them to pursue courses 
in securing the adoption of books published by them for 
certain schools that was not always honorable to them nor 
members of the board of education. Charges of corruption 
were frequently made.' In order to secure to the people of 
the state the best result, possibly, in the price to be paid for 
books, as well as remove all temptation that might be offered 
to members of the board of education, the above and the four 
preceding sections were enacted in a statute laAv. 

Selection op Text-Books. — In order for the law to meet the 
full measure intended, it must be strictly observed. It will 
be presumed that a committee on text-books has been ap- 
pointed. See note under section 3987 (§ 95). This committee 
should be ready to report on the third Monday in August, 
and at that meeting or an adjourned meeting within two weeks 



245 FREE SCHOOL BOOKS. § 214 

after that date, is the time within which the series of text-books 
must be adopted. This committee, if properly attending to 
the duties imposed upon it, will have had the matter under 
consideration since the middle of the preceding June, this be- 
ing the time that the commissioner of schools should have 
furnished to the board of education the names and addresses 
of all publishers who are entitled to furnish the required 
text-books, see section 4020-12 (§ 212). In order to adopt a 
certain text-book it will require a majority vote of all members 
elected and this vote must be an aye and nay one, section 
3982 (§ 89). When a certain line of text-books are adopted 
it can not be changed for a period of five years, unless three- 
fourths of all the members elected assent thereto at the regu- 
lar meeting of the board. Such time begins to run from the 
date of the official adoption of its text-book and not from the 
time it is brought into actual use. (State v. Board of Educa- 
tion, 35 0. S., 386.) No book can be adopted except at the 
regular meeting in August, or a regularly adjourned meeting 
within two weeks from that time. 

Committee on teachers and text-books of township boards 
of education to recommend changes in text-books, etc., see 
section 3920 (§ 34). 

Where the committee on text-books of a school board rec- 
ommended the adoption of a certain series of books, and the 
school board amended the report and then adopted it, this 
"determines" the books to be used and exhausts the power 
to change them, and a majority vote ten days afterwards to 
reconsider is a nullitj^ (State ex rel. v. Board of Education 
35 0. S., 368.) 

The adoption of the books being in connection with a propo- 
sition of the publisher, its terms as to prices are conditions 
of the adoption. {Id.) 

A rule of the board, that resolutions for changing text-books 
shall be referred to a committee and delayed four weeks, is 
a reasonable one under R. S., section 3985 (§ 92), and binding. 
Nor can a bare majority abrogate it, for section 3982 (§89) 
must be construed with section 3985 (§ 92). Hence, an adop- 
tion of a text-book by a majority, without reference to the 
committee and four weeks' delay, will not be enforced by 
mandamus on the application of a parent who has purchased 
the new books. (State, ex rel., v. Board of Education of 
Cleveland et al, 2 C. C, 510.) 

Change or Re-adoption op Text-books. — The statute has 
provided that after text-books have been adopted on the 3d 
Monday in August, that the books so adopted shall not be 
changed nor any part altered or revised, nor shall any other 
text-book be substituted therefor for five years after the selec- 
tion of the date and adoption thereof without the consent of 
three-fourths of all the members elected, given at a regular 



§ 21-1 GUIDE FOR OHIO SCHOOL OFFICERS. 215c| 

meeting. These provisions of the statute have been the subject 
of considerable discussion, and diametrical opposite opinions 
have been rendered by different state school commissioners as 
to their meaning, especially as to the length of time that the 
re-adopted or substituted book should remain without change. 
In a circular issued by the then state school commissioner, 
shortly after the statute was adopted a construction was 
placed upon this provision in a circular sent out and it was 
there said: "It is the meaning of the text-book law that every 
adoption is for the full period of five years whether it be an 
original adoption, a substitution or a re-acloption, " so according 
to that interpretation, if a text-book was changed after it was 
adopted or another substituted for one that had been adopted, 
the newly adopted or substituted text-book could not be changed 
for five years except by a three-fourth vote. 

The present state school commissioner, however, holds that 
"After text-books have been adopted, any substitution by 
three-fourth vote of all the members of the board will be for 
the remainder of the five year period for which the books dis- 
placed were adopted." 

Which of these two opinions, both of which seem to have been 
coincided in by the Attorney Generals in office at the time that 
they were enunciated will finally prevail, only the courts can 
determine. There are arguments on both sides. 

It would seem from the fact that the state school commissioner 
is required in June of each year to notify the various boards 
of education of the names and addresses of all publishers, who 
shall have during the year, agreed in writing to furnish books, 
etc., that it is contemplated by the statute that text-books ought 
not to be changed or re-adopted other than at the August meet- 
ing; and in addition to this it must be recognized that it is not 
for the advantage of schools to have text-books changed during 
the time of the school year, and that the August meeting being in 
the time of vacation, that that is the time when it is intended 
that the text-book question should be brought up. 

In opposition to this, however, is to be considered the policy 
of the law not to have frequent changes in school books adopted, 
and, therefore, whether the book be adopted at an August meet- 
ing or some subsequent time, it should continue to be- the adopted 
book until five years have expired from the time that it was 
adopted. 

That this is a correct view is the opinion of eminent attorneys. 
In the recent ease of Lenhart v. Board of Ed., Muskingum 
Common Pleas, Vol. 5, Nisi Prius Repts., N. S., the court holds 
that where a book was adopted on May 2, 1906, it could not be 
replaced by one adopted in September, 1906, by a majority vote 
of the board, and that the book adopted in May was for five 
years, unless changed by a three-fourths vote, etc. The stat- 
ute, however, seems to contemplate that the course of study and 
text-books should be determined at the August meeting, and 
if the view is to be adopted that text-books may be adopted 



2456 FREE SCHOOL BOOKS. § 214 

at any time during the year we would have contracts expiring, 
not in vacation of the schools or at a time when the law con- 
templated that text-books should be adopted, but at all times of 
the year. Then, too, the statute itself does not say that a new 
text-book may be adopted at any other time than the August 
meeting. It merely says that another text-book may be sub- 
stituted for one that is already adopted. 

The fact that the word "substituted" is used instead of the 
word "adopted," would also give strength to the view of the 
present state school commissioner, that when a text-book is sub- 
stituted for one already adopted, that the time or period for 
which such substitution would run would be the remainder of 
■ the unexpired five years for which the original adoption was 
made. 

The statute, however, is not clear upon this question. It seems 
that the legislature wanted to secure two things: first, that 
text-books should not be frequently changed, and secondly, to 
leave a power with the board to make a change if three-fourths 
of the members of the board deem it advisable. 

It is certainly not within the general policy of the law that 
this matter of adopting school books should come up at any 
period of the year and the present school commissioner has 
held that where contracts expire in the next August, that during 
the preceding month text-books could not be adopted even if by 
a unanimous vote. 

There are strong reasons of policy requiring all adoptions of 
text-books to be made at the August meeting. 

Section 28346 (§ 95), which requires that the clerk shall first 
certify that the money required for the payment of the obligation 
or appropriation was in the treasury to the credit of the fund, 
etc., having been declared to be unconstitutional. Bower v. Ful- 
ton, 28 C. C. 624, as being a law of a general nature and not of 
uniform operation, it would be doubtful whether it would be 
applicable to the adoption of text-books. 

I am not so sure, however, that this view of the Circuit Court 
will be adopted by the Supreme Court, for while it may be a 
law of a general nature, yet as the statute classifies schools, 
which is held to be a constitutional power of the legislature, 
it may be that a statute made to apply to such classifications 
may be valid, although under other circumstances it would be 
held to be unconstitutional, as being a law of a general nature 
w^hich would not have a uniform operation throughout the 
state. It being uniform as to its application to all in the recog- 
nized class. 

Price to be Paid.— It will be observed section 4920-11 
(§ 211) that the prices as given to the state commissioner of 
schools are maximum. There is nothing in the law preventing 
a board of education from selecting books which can be pur- 
chased below such maximum price, nor is there anything to 
prevent the board of education from making the best terms 



§§ 215-217 GUIDE FOE OHIO SCHOOL OFFICERS. 246 

for its patrons that it can, among the various publishers who 
are authorized to contract for such text-books. The statute 
directs that at the regular meetings in April and August that 
the number of books that the school may need be determined, 
and at the next regular meeting an order be drawn, and if 
the books on their receipt, and they are required to be sent 
at once, be found right and in accordance with the order, the 
clerk is to remit the amount due the publisher. 

Disposal of Books to Pupils. — The board, having ordered 
the books, may sell them to the pupils at a profit not to exceed 
ten per cent, of the price paid the publisher, the money to be 
returned to the contingent fund. If the board of education 
does not wish to undertake this purchase of books they may 
make arrangements with their local dealers to do the same. 
Such local dealer, however, would be restricted to the same 
profits. If the board is in doubt about the price of any book, 
they should make inquiry of the state commissioner of schools. 

§215. [Purchase of Howe's Historical Collections of Ohio 
for schools; payment.] (§4020-15.) Sec. 1. The boards of 
education of city, village, township and special school dis- 
tricts in the state be and are hereby authorized to purchase 
for each school in either of said districts one copy of "Howe's 
Historical Collections of Ohio," to be used as a reference 
book in the study of the history of the state; provided that 
said book shall be in quality, style, binding and finish equal 
to the present published edition of said work, bound in half 
Russia leather, and shall cost not to exceed three dollars per 
volume, for each set of three volumes ; provided further, that 
the price of the books and cost of transportation shall be paid 
out of the contingent fund of such district. (89 v. 241.) 

§ 216. [Care and preservation of books.] (§ 4020-16.) Sec. 
2. Said books, during the vacations of schools, or when the 
schools are not in session, shall be taken care of in the manner 
that maps, globes, dictionaries and other school apparatus are 
cared for and preserved. (89 v. 241.) 

§217. [Physical training in city schools.] (§4020-17.) 
Sec. 1. Physical training shall be included in the branches 
to be regularly taught in public schools in city school dis- 
tricts, and in all educational institutions supported wholly or 
in part by money received from the state, and it shall be the 



247 PHYSICAL TRAINING. §§ 218-220 

duty of the boards of education of city school districts, and 
boards of such educational institutions to make provisions in 
the schools and institutions under their jurisdiction for teach- 
ing of physical training, and to adopt such methods as shall 
adapt the same to the capacity of the pupils in the various 
grades therein ; and other boards may make such provisions. 
The curriculum in all normal schools of this state shall con- 
tain a regular course on physical education. (97 v. 364.) 

§ 218. [Manual training departments, commercial depart- 
ments and kindergartens authorized.] (§4020-18.) Sec. 1. 
Any board of education may establish and maintain manual 
training and commercial departments and kindergartens in 
connection with the public school system and pay the expenses 
of establishing and maintaining said schools from the public 
school funds, in the same manner and from the same funds 
as other school expenses are paid. (97 v. 364.) 

(4020-19) Sec. 1. Repealed April 25, 1904. 

(4020-20) Sec. 2. Repealed April 25, 1904. 

(4020-21) Sec. 1. Repealed April 25, 1904. 

(4020-22) Sec. 2. Repealed April 25, 1904. 

§ 219. [Instruction in the effects of alcholic drings and 
other narcotics; made a regular branch of study.] (§ 4020-23.) 
Sec. 1. The nature of alcholic drinks and other narcotics, 
and their effects on the human system, in connection with the 
various divisions of physiology and hygiene, shall be in- 
cluded in the branches to be regularly taught in the common 
schools of the state, and in all educational institutions sup- 
ported wholly, or in part, by money from the state ; and it 
shall be the duty of boards of education, and boards of such 
educational institutions to make suitable provisions for this 
instruction in the schools and institutions under their respec- 
tive jurisdiction, giving definite time and place for this branch 
in the regular course of study ; and to adopt such methods 
as will adapt the same to the capacity of pupils in the various 
grades; and to corresponding classes as found in ungraded 
schools; the same tests for promotion shall be required in 
this as in other branches. (94 v. 396; 85 v. 213.) 

§220. [Instruction required in teachers' institutes and 
teachers' training schools; teachers' certificate must contain; 



§ 221 GUIDE FOE OHIO SCHOOL OFFICERS. 248 

enforcement of law.] (§4020-24.) Sec. 2. In all teachers' 
institutes, also in all normal schools and teachers' training 
classes which shall hereafter be established by the state, ade- 
quate time and attention shall be given to instruction in the 
best methods of teaching this branch. No certificate shall be 
granted to any person to teach in the common schools or in 
any educational institution supported as aforesaid who does 
not pass a satisfactory examination on this subject, and the 
best methods of teaching the same. It shall be the duty of 
the state commissioner of common schools to see that the pro- 
visions in this section relating to county teachers' institutes, 
and schools and classes by whatever name hereafter estab- 
lished for training teachers, and the examination of teachers, 
are carried out ; and said commissioner shall, each year, make 
full report of the enforcement of said section in connection 
with his anual report. (94 v. 396; 85 v. 213.) 

§221. [Penalty for failure to enforce law; jurisdiction of 
courts.] (§ 4020-25.) Sec. 3. Any school official, or any em- 
ploye in any way concerned, in the enforcement of the act, 
who wilfuU}'' refuses or neglects to provide for, or to give 
the instruction required by this act, shall be fined, and shall 
pay for each offense the sum of twenty-five dollars. Mayors, 
justices of the peace and probate judges shall have concurrent 
jurisdiction with the common pleas court to try the offenses 
described in this act and all fines, or penalties, collected under 
this act shall be paid into the general county school fund of 
the county in which such fine or penalty was collected. (94 
V. 396; 85 V. 213.) 

"The duty of the boards of education to make provision for 
instruction in the nature of "alcoholic drinks and narcotics, and 
their effects on the human system, in conection with the sub- 
jects of physiology and hygiene, is imperative, and if these 
boards neglect this duty, they may be compelled to its perform- 
ance by a writ of mandamus. 

"It is evidently the intent of the law that physiology and 
hygiene, as well as the nature of alcoholic drinks and narcotics, 
shall be taught to all youth attending the common schools, 
from the infants entering school for the first time up to the 
senior class in the high school; and it is left to the ingenuity 
of boards of education and teachers to devise the kind of in- 
struction that will be comprehensible to each class of minds 



249 PUPILS SENT FROM ONE DISTRICT TO ANOTHER. §§222,223 

in this wide range. As to whether this teaching shall be done 
or not, neither boards nor teachers are allowed any discretion. 
It is a compulsory law of the most iron-clad character. 

''The penalty of dismissal from emploj^ment can not in 
equity be inflicted on superintendents, principals and teachers 
for not giving the instruction r«iquired by the above act, until 
after the board of education has made proper provision for 
such instruction." (Ohio School Law.) 

§222. [German language taught, how.] (§4021.) Boards 
of education are authorized to provide for the teaching of 
the German language in the elementary and high schools of 
the district over which they have control, but said language 
shall only be taught in addition to, and as auxiliary to, the 
English language ; all the common branches In the public 
schools shall be taught in the English language, (97 v. 364.) 

§ 223. [Pupils may be sent from one district to another.] 

(§4022.) The board of any district may contract with the 
board of any other district for the admission of pupils into 
any school in such other district, on such terms as may be 
agreed upon by such boards; and the expense so incurred 
shall be paid out of the school funds of the district sending 
such pupils. (73 v. 243, § 64.) 

1. The contract authorized by section 4022 (§ 223), Re- 
vised Statutes, for the admission of pupils from one district 
to the school of another, is an express contract, to be made 
between the boards of education of the two districts. 

2. The attendance of such pupils in the school of such other 
district, without objection by either board, creates no liability 
against the board in whose district such pupils reside. 

3. Said section of the statute provides that the board of 
education may contract for the admission of such pupils, ''on 
such terms as may be agreed upon by such boards." This 
evidently means an express agreement, evidenced by action of 
the board, and not a mere silent acquiescence. (The Board 
of Education v. The Board of Education, 49 0. S., 1893.) 

"This is, of course, in no sense a transfer of the child, and 
as certainly not of his parents, to the district or sub-district in 
which he is permitted to attend school for pay. 

"The tuition agreed upon is to be paid on the proper order 
of the clerk of the board of education which sends the child, 
to the treasurer of the district to which he is sent (see last 
clause of section 4047 f§ 267]), and it is to be disbursed by 
the board of this district. Neither local directors, individual 
members of the board of education, superintendents, nor teach- 
ers can retain or disburse it. 

"Such contracts are not authorized to be made by local di- 



§ 224 GUIDE FOR OHIO SCHOOL OFFICERS. 250 

rectors. As to pupils residing in one sub-district and seeking 
to attend school in other sub-districts, township boards 'shall,' 
as we have seen under section 4013 (§ 201), 'make such assign- 
ment of the youth of their respective districts to the schools 
established by them, as will, in their opinion, best promote 
the interests of education in their districts.' Under that sec- 
tion, there is, of course, no provision for paying tuition. Sec- 
tion 4017 (§ 206) puts 'in the boards of education the man- 
agement and control of all the public schools of the district, 
subject only to the provisions of section 4018 (§ 208).' Be- 
sides this, the local board has no control of money with which 
to pay tuition," (Ohio School Law.) 

Sub-districts are not legal entities and have not the power to sue 
or be sued as corporations and can not sue for tuition, etc. Woodlawn 
School District v. Everdale Special School District, Hamilton Com. 
Pleas, April 22, 1907. 

§ 224. [Attendance when pupils live over on and one-half 
miles from school; payment of tuition, how computed.] 

(§ 4022a.) When pupils live more than one and one half miles 
from the school to which they are assigned in the district in 
which they reside, they are entitled to attend a nearer school 
in the same district, or if there be no nearer school in said 
district, they may attend the nearest school in another school 
district, in all grades below the high school, and in such eases 
the board of education of the district in which they reside 
shall be compelled to pay the tuition of such pupils without an 
agreement to that effect, but a board of education shall not 
collect tuition for attendance as provided herein until after 
notice of such attendance shall have been given to the board 
of education of the district where the pupils reside, but noth- 
ing contained herein shall be construed to require the consent 
of the board of education of the district where the pupils 
reside, to such attendance ; said tuition shall be paid from 
either the tuition or the contingent funds and the amount 
per capita shall be ascertained by dividing the- total expenses 
of conducting the elementary schools of the district attended, 
exclusive of permanent improvements and repairs, by the total 
enrollment in the elementary schools of the district, said 
amount to be computed by the month and an attendance may 
part of a month shall create a liability for the whole month. 
When the schools of a district are centralized or transporta- 
tion of pupils provided, the provisions of this section shall 
not appl.y. (97 v. 334.) 

A board of education of a school district is not required to admit 
children to a school outside of the district in which they reside, unless 
the school in their own is more than one and a half miles from their 
residence and more remote from their residence than the school to 
which admission is sought. State, ex rel., v. Bd. of Ed., Supreme Ct, 
May 7, 1907. 



251 SCHOOL-CHILD MAY x^TTEND. § 224 

Comment. — The above section is somewhat different from 
the original (90 v. 295), in this, that is gives the pupil the 
absolute right to attend a school provided only, that such 
school is nearer than his own school, and that he is more than 
one and one-half miles from the school to which he properly 
belongs. The former section used some language which might 
be construed to limit this right and require a permission of 
both schools affected. In the case of Board of Education v. 
Board of Education, 2 N. P., 256, the court of common pleas 
gave it this construction. In the higher court it was held that 
the assent of the school board within the district where the 
pupil resided was not required, but the question whether or 
not permission must be first acquired from the school board 
where the pupil desired to attend, outside of his district, by 
the facts of that case, was not decided. The higher courts 
merely held that the consent of the Board of Education of 
the school within the child's own district was not required. 
The Board of Education v. Board of Education, 10 C. C. 617, 
affirmed, 54 0. S.. 643. In this case, however, it was held that 
the distance of the child's residence is one and one-half miles, 
by the most direct highwav (see Board of Education v. Board 
of Education, 58 0. S., 390) from the school house to the 
child's residence. The only limitation put upon the power 
of the board of education to collect tuition for such attendance 
is that it must give notice to the board of education of the 
district where the pupil resides, but this does not affect the 
right which seems to be an absolute one of the pupil attending 
such school. In the ease above cited (10 C. G., 617) the court 
gives the following as its idea for the existence of the law: 

''It seems clear that the object of the supplementary section 
was to obviate a well known inconvenience, due to the ar- 
rangement of sub-districts and the location of school houses 
in many parts of the state, it being the purpose of the legis- 
lature to provide for school children, who, if confined to their 
own districts, would be required to travel an inconvenient 
and burdensome distance, by giving them to right to attend 
a more convenient school in an ad.joining district, independ- 
ently of any contract between the respective boards of edu- 
cation." 

The above section has been declared unconstitutional by 
the circuit court of Hamilton County, as it does not have a 
universal operation as to all children in the same condition or 
category, and therefore contravenes section 26, article 2, 
of the Constituion, which provides ''that all laws of a general 
nature shall have a universal operation throughout the state." 
(Cincinnati School District v. Oakley District, 27 C. C, 824.) 
This decision was reversed on other grounds. (74 0. S., 477.) 



§ 225 GUIDE FOR OHIO SCHOOL OFFICERS. 252 

§225. [In what branches children must be taught; neces- 
sary time of attendance; excuse; appeal in case of refusal to 
excuse.] (§4022-1.) All parents, guardians and other per- 
sons who have care of children, shall instruct them, or cause 
them to be instructed in reading, spelling, wHting, English 
grammar, geography and arithmetic. Every parent, guardian 
or other person having charge of any child between the ages 
of eight and fourteen 3^ears shall send such child to a public, 
private or parochial school, for the full time that the school 
attended is in session, 

[Length of required attendance.] which shall in no ease 
be for less than twenty-four weeks, and said attendance 
shall begin with the first week of the school term, un- 
less the child is excused from such attendance by the su- 
perintendent of the public schools, in city or other districts 
having such superintendent, or bj" the clerk of the board of 
education in village, special and township districts not having 
such superintendent, or by the principal of the private or 
parochial school, upon satisfactory showing, either that the 
bodily or mental condition of the child does not permit of 
its attendance at school, or that the child is being instructed 
at home by a person qualified, in the opinion of the superin- 
tendent of schools in city or other districts having such su- 
perintendent, or the clerk of the board of education in special, 
village and township districts not having such superintendent, 
to teach the branches named in this section. In case such su- 
perintendent, principal or clerk refuse to excuse a child from 
attendance at school, an appeal may be taken from such de- 
cision to the probate judge of he county, upon the giving of a 
bond, within ten days after such refusal to the approval of 
said judge, to pay all the cost of the appeal, and the decision 
of the probate judge in the matter shall be final. 

[Age of pupils.] All children between the ages of fourteen 
and sixteen years, not engaged in some regular employment, 
shall attend school for the full term the schools of the district in 
which they reside are in session during the school year, unless 
excused for [the] reasons above named. Any parent, guardian, 
or other person, having care of a child between the ages of eight 
and fourteen years, who shall, in violation of the provisions 
of this section, fail to place such child in school at the com- 



253 BRANCHES TO BE TAUGHT. § 225 

mencement of the annual school term within the time pre- 
scribed in this section, shall upon conviction be fined not less 
than five dollars nor more than twenty dollars. 

[Against parent.] And upon the failure or refusal of any such 
parent, guardian, or other person to pay said fine, then said par- 
ent, guardian, or other person shall be imprisoned in the county 
jail not less than ten days nor more than thirty days. (95 V. 
615; 90 V. 285; 86 v. 333; 89 v. 389; 87 v. 316, 143.) 

Importance of Law. — This compulsory law is one of the 
most important educational measures of the last twenty-five 
years. While the law as it now exists in its amended form 
is easy of interpretation, its success will depend largely iipon 
the interest taken in it by school superintendents, teachers 
and boards of education. Teachers should never forget that 
the treatment of the pupil after he has been compelled to 
attend school is a powerful factor in successfully carrying out 
the true spirit of this law. (Com.) 

School "Week. — "According to the statute (section 4016 
[§ 205]) a school week consists of five days. And as this sec- 
tion says that children between eight and fourteen years shall 
be sent to school in city districts not less than twenty weeks 
in each year, and in other districts not less than sixteen weeks, 
the obvious and rational meaning is that children in the former 
districts must be in actual attendance at school not less than 
one hundred daj^s, and in the other districts not less than 
eighty days in the year. Any other interpretation of this act 
might readily work to defeat the whole purpose of the law, 
for pupils might be on the roll twenty or sixteen weeks and 
not be in attendance more than half the time, as 'enrollment' 
is frequently defined. From the spirit that breathes through 
this whole compulspry act, it is evident that a proper con- 
struction of its language should always, in doubtful cases, 
be in favor of the education of that class of youth for whose 
benefit, the law was specially made. 

''It will be seen that no mention is made in this act of the 
teaching of United States history and physiology and hygiene. 
The law is mandatory, of course, as to the branches mentioned 
in it, but as pupils to be affected by the act must necessarily 
be classified with pupils studying the additional branches jvist 
named, it would be an unreasonable interpretation of the law 
to hold that instruction in these branches it prohibited by it to 
any of the pupils thus classified together. Of the value of such 
instruction no intelligent person can entertain a doubt." 
(Ohio School Law.) 



§ 225 GUIDE FOR OHIO SCHOOL OFFICERS. 254 

Law Constitutional. — Prior to the last week of April, 
1890, the clerk of the board of education of Toledo, Ohio, act- 
ing under the provisions of section 11, furnished through the 
truant officer the proper blanks to the Rev. Patrick F. Quigley, 
a Catholic priest in charge of St. Francis De Sales parish of 
such city, and by virtue of his pastorate the principal of the 
parochial schools of the parish, and requested him to report the 
names of the pupils of such schools, the date of birth, the num- 
ber of days present, the number of days absent, the number 
of days truant, and their residence. 

Dr. Quigley received the blanks, but refused to make the re- 
port required by the law. 

For this willful refusal to make the reports required by law, 
the Doctor was indicted at the April term, 1890, of the court 
of common pleas of Lucas county, and in May, 1891, was tried 
and convicted. A motion in arrest of judgment was argued 
before Judge Pugsley and overruled. 

The syllabus of his decision is as follows : 

"1st. The neglect of the principal of a school to make the 
report required by section 11 of the act of April 25, 1890, is an 
offense against the act, and is punishable by a fine as pre- 
scribed in section 13. 

"2d. Said offense is within the jurisdiction of the court of 
common pleas, and may be prosecuted by indictment." 

To reverse the judgment of the common pleas, error was 
prosecuted to the circuit court. 

The syllabus of the decision of the circuit court (Scribner, 
Haynes and Bentley, JJ.), rendered by Judge Haynes, is as 
follows : 

The statute passed by the General Assembly of the State of 
Ohio, April 25, 1890, entitled "An act to compel children un- 
der fourteen years of age to attend school a certain length of 
time each year": Held to be constitutional. 

The provisions of section 11 of said statute apply to the 
principals and teachers of parochial schools, such schools being 
included in the term "private schools." 

1st. The proviso to section 9 of the act is: "Provided that 
this law shall not be operative in any school district where 
there are not sufficient seating accommodations to seat children 
compelled to attend school under the provisions of this act": 
Held, the provision does not require the furnishing of seating 
accommodations for children attending private schools. 

jIqIcI — further, that the burden of proving that there was 
not sufficient seating capacity was incumbent, in the first in- 
stance, upon the defendant; but upon the whole evidence the 
burden of proof remains with the prosecution. 

Section 13 of the act, as amended, does not give mayors, 
justices of the peace and probate judges exclusive jurisdiction 



255 COMPULSATORY ATTENDANCE. § 226 

to try persons or officers for neglecting to perform duties re- 
quired of them under said act, but the jurisdiction conferred 
upon them is concurrent with that of the court of common 
pleas. In criminal prosecutions the state has a right to de- 
mand and have a struck jury to try the case. . . . 

To reverse the judgments of the common pleas and circuit 
courts, Father Quigley prosecuted proceedings in error in the 
supreme court of the state. . . . 

On May 10, 1892, the Supreme Court, by a unanimous bench, 
affirmed the judgments of both the lower courts, thus establish- 
ing the validity and constitutionality of the compulsory educa- 
tion law, and the jurisdiction of the common pleas co»rt to 
try and punish the offense upon indictment. (Quigley v. 
State, 5 C. C, 638; affirmed by Supreme Court, 27 Bull., 332.) 

§ 226. [Employment of children under sixteen years of age; 
penalty.] (§4022-2.) No child under sixteen years of age 
shall be employed or be in the employment of any person, 
company or corporation during the school term and while the 
public schools are in session, unless such child shall present 
to such person, company or corporation an age and schooling 
certificate herein provided for. An age and schooling certifi- 
cate shall be approved only by the superintendent of schools, 
or by a person authorized by him, in city or other districts 
having such superintendent, or by the clerk, of the board of 
education in village, special and township districts not hav- 
ing such superintendent, upon a satisfactory proof of the age 
of such minor and that he has successfully completed the stud- 
ies enumerated in section 4022-1 (§ 225) of the Revised Stat- 
utes of Ohio; or if between the ages of fourteen and sixteen 
years, a knowledge of his or her ability to read and write 
legibly the English language. The age and schooling certifi- 
cate shall be formulated by the state commissioner of common 
schools and the same furnished, in blank, by the clerk of the 
board of education. Every person, company or corporation 
employing any child under sixteen years of age, shall exact 
the age and schooling certificate prescribed in this section, 
as a condition of employment and shall keep the same on file, 
and shall upon reqeust of the truant officer herein provided 
for, permit him to examine such age and schooling certificate. 
Any person, company or corporation, employing any minor 
contrary to the provisions of this section shall be fined not 



§§ 226a, 226 & guide for ohio school officers. 256 

less than twenty-five nor more than fifty dollars. (April 25, 
1904 ; 95 V. 616 ■ 90 v. 285 ; 86 v. 334, § 2.) 

OTHER SECTIONS OF REVISED STATUTES RELATING TO 
CHILD LABOR. 

§226a. [Child employed in factory, etc.] (§6986-7.) No 

child under the age of fourteen years shall be employed in 
any factory, workshop, mercantile or other establishment, di- 
rectly or indirectly; and no child under fourteen years of age 
shall be employed at any work performed for wages or other 
compensation, or in assisting any person employed as a wage- 
earner, when the public schools in which district such child 
resides are in session. (93 v. 123.) 

§ 2265. [Child employed in mine,] (§ 302.) No child un- 
der fifteen years of age shall be allowed to work in any mine, 
during the school term of the public schools in the district in 
which such minor resides, and no child under fourteen years 
of age shall be employed in any mine during the vacation 
interim of the public schools in the school district in which 
such minor resides, and in all cases of minors applying for 
work the agent of such mine shall see that the provisions of 
this section are not violated ; he shall also keep a record of all 
minors employed by him, or by any person employed in said 
mines, giving the name, age, place of birth, parents' name and 
residence, with character of employment, and he shall demand 
from such minor proof that he has complied with the require- 
ments of the school laws ; and it shall be the duty of the mine 
inspector to inspect such record and to report to the chief 
inspector of mines the number of minors employed in or about 
such mines and to enforce the provisions of this section. (94 
V. 181.) 

Notice to Employers of Youth. 

To [Here insert name of person, company or corporation] : 

Your attention is respectfully called to sections 4022-2, 4022-3, 
4022-5 and 4022-11, 6986-7, R. S., to compel the elementary education 
of children. 

In compliance with the provisions of this act, you are requested to 
return to me on this blank the names, ages and add residences of all 
minors under fourteen years of age employed by you, also all mJnors 
between fourteen and sixteen years of age, and to state whether you 



257 



LAWS AGAINST CHILD LABOR. 



2266 



have a certificate from the superintendent of schools, or clerk of the 
board of education that authorizes you to employ such minors. 



Clerk of Board of Education. 



Names of Minors. 



Age. 



Residence. 



Certificate — Yes or No. 



In cities this notice may be signed by the superintendent of 
schools. 

This certificate must be kept on file until the youth reaches 
the age of sixteen years and must be accessible to the Truant 
Officer and the Inspector of Factories at all times. 



Age and Schooling Certificate. 

(For minors under sixteen years of age. Employed at Labor.) 

This certifies that I am the of and that was 

(Parent or guardian) (Name of child) 

born at in the county of , state of , on the 

day of , 19 . ., and is now years, months old. 



(Name of parent or guardian.) 

The said having satisfactorily vertified the foregoing state- 

(Name of parent or guardian) 

ment, I hereby approve the above certificate of ; height, ...... 

(Name of child) 
feet inches; complexion, ; hair ; having no suf- 
ficient reason to doubt that is of the age herein certified. 

I hereby certify that can read at sight and write legibly 

(Name of child) 
simple sentences in the English language. 

This certificate belongs to , and is to be surrendered to 

(Name of child) 
whenever leaves the services of the person, company or corpo- 
ration holding the same; but if not claimed by said child within thirty 
days from such time, it shall be returned to the superintendent of 
schools. 

Signature : , 

, 190. . Supt. of Schools. 



§§227,228 GUIDE FOR OHIO SCHOOL OFFICERS. 258 

§ 227. [Attendance of minors in certain cases ; employment 
of such minors; penalty.] (§4022-3.) All minors over the 
age of fourteen and under the age of sixteen years, who can 
not read and write the English language shall be required to 
attend school as provided in section 4022-1 (§ 223) of the 
Revised Statutes of Ohio, and all the provisions of said section 
shall apply to said minors; provided, that such attendance 
shall not be required of such minors after they have secured 
a certificate from the superintendent of schools, in districts 
having superintendents or the clerk of the board of education 
in districts not having superintendents, that they can read and 
write the English language. No person, company or corpora- 
tion shall employ any such minor during the time schools are 
in session, or having such minor in their employ shall imme- 
diately cease such employment, upon notice from the truant 
officer who is hereinafter provided for. Every person, com- 
pany or corporation violating the provisions . of this section 
shall be fined not less than twenty-five nor more than fifty 
dollars. (95 v. 617; 90 v. 286; 86 v. 334; §§ 3, 4; 87 v. 143.) 

§228. [Juvenile disorderly persons.] (§4022-4.) Every 
child between the ages of eight and fourteen years, and every 
child between the ages of fourteen and sixteen years unable 
to read and write the English language, or not engaged in 
some regular emploj^ment, who is an habitual truant from 
school, or who absents himself habitually from school, or who, 
while in attendance at any public, private or parochial school, 
is incorrigible, vicious or immoral in conduct, or who habit- 
ually wanders about the streets and public places during 
school hours having no business or lawful occupation, shall 
be deemed a juvenile disorderly person, and be subject to the 
provisions of this act. (95 v. 617; 90 v. 286; 86 v. 335, § 5 ; 90 
V. 57; 88 V. 136.) 

To Whom Statute Applies. Vicious and immoral. 

Habitual Truancy, etc. Habitual "Wandering About 

Absents Itself Habitually. the Street. 
Incorrigible. 

To Whom Statute Applies. — Every child between the 
ages of eight and fourteen years who does not comply with 
the law is included within the terms of the statute, and every 



259 WHO IS JUVENILE DISORDERLY, § 228 

child between fourteen and sixteen years, if unable to read 
and write the English language, is included, and every child 
between the ages of fourteen and sixteen years of age if able 
to read and write, but who is not engaged in some regular 
employment will come within the terms of the statute. 

Habitual Truancy, etc. — The statute gives a number of 
acts which will constitute a sufficient reason to cause a child 
to be considered a juvenile disorderly person subject to pun- 
ishment. The first is, habitual truancy. "Habitual" means 
a constant and frequent re-occurrence of the same act and 
it may be a matter of some difficulty to always determine 
just what will constitute "habitual truancy." 

If a child should be absent but one day in a month it might 
be doubted whether this would come within the meaning of 
the term. But if he should be absent one day every week or 
one day every two weeks and kept this up for some four or 
six weeks without a good and sufficient cause he might be 
considered as habitual truant. Even if he were only absent 
once a month, if he kept up the habit for four or five months 
he might be considered as an habitual truant. If he should 
absent himself a half a day each week for three or four weeks, 
I should likewise consider him an habitual truant. 

In the absence of more definiteness upon this question it 
might be well for the board of education to pass a rule stipu- 
lating what should be considered as habitual truancy. 

Absents Itself Habitually. — This term would seem to in- 
clude the same as an habitual truant and adds nothing par- 
ticularly to the statute. 

Incorrigible. — The pupil need not absent himself from 
school in order to come within the above statute, if while 
at school he is incorrigible, vicious or immoral he may be 
punished. The word "incorrigible" generally means incapable 
of being corrected or reformed. So if a pupil while in school 
would show such obstinacy that the teacher would be unable 
to cause him to cease his objectionable habits, he Avould come 
within this term. Thus if a pupil would absolutely refuse to 
study or get his lessons, or attend to anything properly re- 
quired of him, and the teacher could not compel him to attend 
to such matters he would be incorrigible. 

Vicious and Immoral. — The word "vicious" no doubt in 
the statute means that the child should be guilty of acts that 
are harmful to others, such as beating another child in the 
school or injuring the teacher, or needlessly breaking school 
furniture or destroying his books or the property of other 
children. 

"Immoral" means a commission of an act that is hostile to 



§ 229 GUIDE FOR OHIO SCHOOL OFFICERS. 260 

the welfare of the general public or one that Is inconsistent 
with moral rectitude ; contrary to the moral or divine law, 
and sometimes is used synonymously with vicious," but in this 
statute probably means any lewd conduct towards his fellow 
pupils, swearing, stealing, obscene conduct and various mat- 
ters of that kind, and particularly such as would destroy the 
morality of the school or affect a proper discipline of the 
pupils drinking intoxicants, chewing tobacco, smoking cigar- 
rettes and matters of that character might properly be held 
to come within this term. 

Habitual Wandering About the Street. — But even if a 
child under the age of sixteen years were not an habitual truant 
nor guilty of any of the above charges, if he wandered about 
the streets habitually, and public places during school hours, 
having no business or occupation, he would come within the 
terms of the above act and be considered a juvenile disorderly 
person. 

§229. [Truant officers; powers and duties.] (§4022-5.) 
To aid in the enforcement of this act, truant oiScers shall be 
appointed and emploj'-ed as f oUoavs : In city districts the board 
of education shall appoint and employ one or more truant 
officers ; in special, village and township districts the board of 
education shall appoint a constable or other person as truant 
officer. The compensation of the truant officer shall be fixed and 
paid by the board appointing him. The truant officer shall be 
vested with police powers, the authority to serve warrants, and 
shall have authority to enter workshops, factories, stores and all 
other places where children may be employed, and do what- 
ever may be necessary, in the way of investigation or other- 
wise, to enforce this act; he is also authorized to take into 
custody the person of any youth between eight and fourteen 
years of age, or between fourteen and sixteen years of age 
when not regularly employed or when unable to read and 
write the English language, who is not attending school, and 
shall conduct said youth to the school he has been attending, 
or which he should rightfully attend. The truant officer shall 
institute proceedings against any officer, parent, guardian, per- 
son or corporation violating any provisions of this act, and 
shall otherwise discharge the duties described in this act, and 
perform such other services as the superintendent of schools 
or the board of education may deem necessary to preserve the 
morals and secure the good conduct of school children, and 



261 TRUANT OFFICER, ' § 229 

to enforce this act. The truant officer shall keep a record of 
his transactions for the inspection and information of the su- 
perintendent of schools and the board of education; and he 
shall make daily reports to the superintendent of schools dur- 
ing the school term in districts having superintendents, and 
to the clerk of the board of education in districts not having 
superintendents, as often as required by him. Suitable blanks 
for the use of the truant officer shall be provided by the clerk 
of the board of education. (95 v. 617; 90 v. 286; 86 v. 335, § 
6;87v. 325, 144.) 

Appointment of Truant Officer, etc. — ^While the above 
section is somewhat differently worded in reference to the 
persons who should be appointed truant officer, yet they are 
practically the same. The board should exercise considerable 
care in this selection, for the statute invests the officer with 
police power, and therefore he should be one who is possessed 
of sufficient discretion to properly exercise such power, and 
especially should be a person who will fearlessly, but not in 
a meddling manner, enforce the statute. My judgment would 
be, that he is an officer within the general meaning of that 
term, and should take an oath of office before entering upon 
the discharge of his duties. The provision seems to be man- 
datory upon the board of education, for it uses the word ''shall 
appoint." It does not limit his term of service and therefore 
the board when making the appointment should provide for 
the length of his services. In no case could he act longer than 
the term of the board which elected him, and in all cases he 
could be removed at any time that the board would think 
proper. There seems to be no limitation upon the vote requi- 
site to elect such officer and therefore the same would be 
controlled by the ordinarily parliamentary rules in the ab- 
sence of any special rule of the board to the contrary. The 
statutes specifically point out his duties and requires particu- 
larly that he shall keep a record of his transactions. 

Report of Truant Officer. 

To the Clerk of the Board of Education of County, Ohio: 

In compliance with your requirements, I hereby submit my report 
for , 190.., as shown below. 

Truant Officer of said Township. 



230 



GUIDE FOR OHIO SCHOOL OFFICERS. 



262 



Name of Truant or 
Non- Attendant 






"Warning 

Sent 


Notification 

of Non- 

Attendance 

Sent 


Complaint 
Entered on 
Refusal, Fail- 
ure or 

Neglect 


Complaint 
Entered of 

Juvenile 
Disorderly 


Reported 







1 


1 


§ 


P 


43 

13 



P 











































































































































































































































































§230. [Report of principal and teachers.] (§4022-6.) It 

shall be the duty of all principles and teachers of all schools, 
public, private and parochial, to report to the clerk of the 
board of education of the city, special, village and township 
district in which the schools are situated, the names, ages and 
residences of all pupils in attendance at their schools, together 
with such other facts as said clerk may require in order to 
facilitate the carrying out of the provisions of this act, and 
the clerk shall furnish blanks for such purpose, and such re- 
port shall be made during the last week of each month from 
September to June inclusive of each year. It shall be the 
further duty of such principals and teachers to report to the 
truant officer, the superintendent of public schools, or the 
clerk of the board of education, all cases of truancy or in- 
corrigibility in their respective schools as soon after these 
offenses have been committed as practicable. (95 v. 618; 90 
v. 287.) 



263 TRUANCY — PROCEEDINGS AND PENALTIES. § 231 

§231. [Proceedings in case of truancy; penalties.] 

(§ 4022-7.) Ou the request of the superintendent of schools 
or the board of education, or when it otherwise comes to his 
notice, the truant officer shall examine into any case of truancy 
within the district and warn the truant and his parents, guard- 
ian or other person in charge, in writing, of the final conse- 
quences of truancy if persisted in. When any child between 
the ages of eight and fourteen years, or any child between the 
ages of fourteen and sixteen years who can not read and write 
the English language or who is not regularly employed, is not 
attending school, in violation of the provisions of this act, 
the truant officer shall notify the parent, guardian or other per- 
son in charge of such child, of the fact, and require such parent, 
guardian or other person in charge, to cause the child to attend 
some recognized school within two days from the date of the no- 
tice ; and it shall be the duty of the parent, guardian or other 
person in charge of the child so to cause its attendance at some 
recognized school. Upon failure to do so, the truant officer shall 
nized school. Upon failure to do so, the truant officer shall 
make complaint against the parent, guardian or other person 
in charge of the child, in any court of competent jurisdiction 
in the city, special, village or township district In which the 
offense occurs, for such failure, and upon conviction, the 
parent, guardian or other person in charge shall be fined not 
less than five dollars nor more than twenty dollars, or the 
court may in its discretion, require the person so convicted 
to give a bond in the penal sum of one hundred dollars with 
sureties to the approval of the court, conditioned that he or 
she will cause the child under his or her charge to attend some 
recognized school within two days thereafter, and to remain 
at such school during the term prescribed by law ; and upon 
the failure or refusal of any such parent, guardian or other 
person to pay said fine and costs or furnish said bond accord- 
ing to the order of the court, then said parent, guardian or 
other person shall be imprisoned in the county jail not less 
than ten days nor more than thirty days. (95 v. 618; 90 v. 
287; 86 V. 336, §§ 8, 9.) 



§ 231 GUIDE FOR OHIO SCHOOL OFFICERS. 264 

Notice to Parent or Guaridan. 

state of Ohio, County, ss.: 

To 

You are hereby notified that a child between the ages of 

and years, under your cliarge, is not attending scliool; 

that such non-attendance is in direct violation of the law and without 
legal excuse. 

You are hereby required to cause said child to attend some recog- 
nized school within two days from the date of this notice, and you are 
warned that if the truancy of said child is persisted in, the final conse- 
quences will be as provided by law, as indorsed hereon. 

Witness my hand this day of , 19. . 



Truant Officer, 
school district, county, Ohio. 



Print sections 4022-7 and 6986-7, R. S., on reverse side of form. 



Notice to Truant. 

state of Ohio, County, ss. : 

To , a child between the ages of and years. 

You are hereby notified that you are and will be required to attend 
some recognized school within two days from the date of this notice, 
and you are hereby warned that if this notice is not complied with, 
the final consequences will be as provided by law as indorsed hereon. 

Witness my hand this ...... day of , 19 . . 



Truant Officer. 
school district, county, Ohio. 

Print section 4022-8 in full on reverse side of form. 



Complaint Against Parent or Guardian. 

To , of ; 

I, duly appointed according to law by the board of education 

township,* county, Ohio, as truant officer of said town- 
ship,* hereby make complaint that is of, and has legal 

charge and control of , a minor, between the ages of and 

j^ears : 

That the said is, under the construction of the law, a juvenile 

disorderly person: 

That in accordance with the statutes in such cases made and pro- 
vided, I did on the day of , 190. ., notify the said 

that the said was not attending any school, and requiring that 

the said should cause the said to attend some recognized 

school within five days from the date of said notice: 

That the said has failed to comply with said requirements 

of said notice, as provided by law in such cases. 

In witness whereof, I have hereunto set my hand this day of 

, 190.. 



Truant Officer of Township,* County, Ohio. 



265 COMPLAINT AGAINST TRUANT. § 231 

Complaint Against Juvenile Disorderly Person. 

, Ohio, 190.. 

To , of ; 

I, , duly appointed according to law, by the hoard of education 

of township,* county, Ohio, as truant officer of said town- 
ship,* hereby make the following" complaint: 

That in accordance with the statute in such cases made and pro- 
vided, I did, on the day of , 190 . . , notify , the 

of , and having legal charge and control of , a minor, be- 
tween the ages of and years, that the said was not 

attending any school, and requiring that the said should cause 

the said to attend some recognized school within five days from 

the da.e of the said notice: 

That the said having failed to comply with the requirements 

of said notice, I made complaint as provided by law in such cases. 

Now, whei^eas, the said having proved inability to 

cause the said to attend said recognized school, I hereby make 

such cases made and provided. 

complaint that the said is a juvenile disorderly person within 

the meaning of the statute, and subject to the penalties of the law in 

In witness whereof, I have hereunto set my hand this day of 

190.. 



Truant Officer of Township,* County, Ohio. 

Warrant for the Arrest of a Juvenile Disorderly Person. 

The State of Ohio, County, ss: 

To , Truant Officer {or any Constable or Policeman) , greeting: 

Whereas, there has been filed with me an affidavit, complaining that, 
under the provisions of an act passed by the General Assembly, April 15, 
1889, to compel children under fourteen years of age to attend school a 

certain length of time each year, is a juvenile disorderly person: 

these are, therefore, to command you to take the said and safely 

keep so that you have body forttiwith before me, or any 

court of competent jurisdiction in said county, to answer the said com- 
plaint, and be further dealt with according to law. 

Given under my hand, this day of , 190. . 



(Here write name of office.) 



Commitment. 

state of Ohio, County Toionship (Village, District or 

City), ss.: 

By (name of office), to any truant officer (constable or police- 
man) for the said township (city or village) : 

These are to command you in the name of the people of the state 
of Ohio to take and convey to (here insert the name of the juvenile 

reformatory or county children's home) the body of , who, being 

charged before me on the oath of , truant officer, with being a 

juvenile disorderly person, under this act, I caused the said to 

be brought before me on said charge, and I proceeded to inquire into 



* "Village district" or the name of the city may be written in these 
places instead of township. 



§ 232 GUIDE FOR OHIO SCHOOL OFFICERS. 266 

the matter in his presence, and, having duly considered the said mat- 
ter, was convicted on competent testimony of being a juvenile 

disorderly person. 

And I, having been satisfied by sufficient proof that the said 

is a child between the ages of eight and fourteen years and is of the 
age of years, having sufficient bodily health and mental capac- 
ity to render attendance and instruction at some public or 

private school expedient and practicable, was adjudged by me 

to be a proper subject to be committeed to the 

Now, therefore, you (here insert name of office) are hereby com- 
manded to receive the said , who is hereby committeed by me to 

your care in said county children's home (or juvenile reformatory), 
there to be restrained and detained and sent to school until such 
child shall arrive at the age of sixteen years, unless sooner discharged 
by the board of trustees of said home (or reformatory). 

Given under my hand and seal this day of , in the 

year of our Lord one thousand nine hundred and 

[seal.] 



(Here insert the name of office.) 



§232, [Proceedings against juvenile disorderly persons.] 

(§ 4022-8.) If the parent, guardian or other person in charge 
of any child shall, upon the complaint under the last section 
for failure to cause the child to attend a ercognized school 
prove inability to do so, then he or she shall be discharged, 
and thereupon the truant officer shall make complaint that 
the child is a juvenile disorderly person within the meaning 
of section 4022 (§ 228) of the Revised Statutes of Ohio. If 
such complaint be made before any mayor, justice of the 
peace, or police judge, it shall be certified by such magistrate 
to the probate judge. The probate judge shall hear such com- 
plaint, and if he determine that the child is a juvenile disor- 
derly person within the meaning of section 4022-4 (§ 228) of 
the Revised Statutes of Ohio, he shall commit the child if 
under ten years of age, and eligible for admission thereto, to 
a children's home, or if not eligible, then to a house of refuge 
if there be one in the county or to the boys' industrial school 
or the girls' industrial home, or to some other juvenile re- 
formatorj^ No child over ten years of age shall be committed 
to a county children's home, and any child committed to a 
children's home, may on request of the trustees of such home 
and it being shown that it is vicious and incorrigible, be trans- 
ferred by the probate judge to the boys' industrial school or 
the girls' industrial home. A child committed to any juvenile 
reformatory under this section, shall not be detained there 
beyond the age of sixteen years and may be dischars'ed sooner 



267 RELIEF TO INDIGENT CHILD. § 233 

by the trustees under the restrictions applicable to other in- 
mates. Any order of committment to a juvenile reformatory 
may be suspended, in the discretion of the probate judge, 
for such time as the child may regularly attend school and 
properly conduct itself. The expense incurred in the transpor- 
tation of a child to a juvenile reformatory and the costs in 
the case in which the order of committment is made, or the 
child discharged, or in which judgment is suspended, shall be 
paid by the county where the offense was committed, after the 
manner provided in section 759 of the Revised Statutes of 
Ohio. Provided, further, that if for any cause the parent, 
guardian or other person in charge of any juvenile disorderly 
person as defined in section 4022-4 (§ 228) of the Revised 
Statutes of Ohio, shall fail to cause such juvenile disorderly 
person to attend a school, then complaint against such juve- 
nile disorderly person shall be made, heard and determined 
in like manner as provided«in case the parent proves inability 
to cause such juvenile disorderly person to attend school. (95 
V. 619; 90 V. 288; 86 v. 337, § 8 ; 87 v. 325, 144.) 

§ 233. [Relief to enable child to attend school required 
time.] (§ 4022-9.) When an,y truant officer is satisfied that 
any child, compelled to attend school by the provisions of this 
act, is unable to attend school because absolutely required 
to work, at home or elsewhere, in order to support itself or 
help support or care for others legally entitled to its services, 
who are unable to support or care for themselves, the truant 
officer shall report the case to the authorities charged with 
the relief of the poor, and it shall be the duty of said officers 
to afford such relief as will enable the child to attend school 
the time each year required under this act. Such child shall 
not be considered or declared a pauper by reason of the ac- 
ceptance of the relief herein provided for. In case the child, 
or its parents or guardian, refuse or neglect to take advantage 
of the provisions thus made for its instruction, such child may 
be committed to a children's home or a juvenile reformatory, 
as provided for in section 4022-8 (§ 232) of the Revised Stat- 
utes of Ohio. In all cases where relief is necessary it shall be 
the duty of the board of education to furnish text-books free 
of charge and said board may furnish any further relief it 
may deem necessary, the expenses incident to furnishing said 



§ 234 GUIDE FOR OHIO SCHOOL OFFICERS. 268 

books and the relief to be paid from the contingent funds of 
the school district. (95 v. 620; 90 v. 289; 86 v. 337, § 8.) 

"The spirit of this law is a liberal one, and the evident pur- 
pose of the act is that no child in Ohio, however poor and hum- 
ble, shall fail to receive the rudiments of a school education. 
Where night school are established, they can be made available 
for the instruction of the class of children described in this 
section. The import of the last part of the section seems 
to be that the superintendent of schools or the board of educa- 
tion may, after all other means have been exhausted, pay the 
expense of the private tuition of these poor children out of the 
public school fund. (Ohio School Law.) 

See §239 (§4026). 

§ 234. §As to institution of deaf and dumb or institution 
for blind.] (§4022-10.) The provisions of this act shall ap- 
ply to children entitled under existing statutes, to attend 
school at the instituion for the d^f and dumb or the institu- 
tion for the blind, so far as the same are properly enforcible. 
Truant officers shall, within sixty days after the passage of 
this act, and annually between the first day of July and the 
first day of August, report to the probate judge of their re- 
spective counties the names, ages and residence of all such 
children between the ages of eight and eighteen years, with the 
names and postoffiee address of their parents, guardians or 
the persons in charge of them; also a statement whether the 
parents, guardians or person in charge of each child is able 
to educate and is educating the child, or whether the interests 
of the child will be promoted by sending it to one of the 
state institutions mentioned. Upon information thus or other- 
wise obtained, the probate judge may fix a time when he will 
hear the question whether any such child shall be required to 
be sent for instruction to one of the state institutions men- 
tioned, and he shall thereupon issue a warrant to the proper 
truant officer or some other suitable person, to bring the child 
before such judge at his office at the time fixed for the hear- 
ing; and shall also issue an order on the parents, guardian 
or person in charge of the child to appear before him at such 
hearing, a copy of which order, in writing, shall be served 
personally on the proper person by the truant officer or other 
person ordered to bring the child before the judge. If, on 
the hearing, the probate judge is satisfied that the child is 



269 PENALTIES AGAINST CORPORATION. § 235 

not being properly educated at home, and will be benefited by 
attendance at one of the state institutions mentioned, and is 
a suitable person to receive instruction therein, he may send 
or commit such child to such institution. The cost of such 
hearing, and the transportation of the child to such institution 
shall be paid by the count}^ after the manner provided, where 
a child is committed to a state reformatory under section 
4022-8 (§ 232) of the Revised Statutes of Ohio; provided noth- 
ing in this section contained shall be construed to require 
the trustees of either of the state institutions mentioned, to 
receive any child not a suitable subject to be received and 
instructed therein, under the laws, rules and regulaitons gov- 
erning such institutions. (95 v. 620; 90 v. 289; 86 v. 337, § 8.) 

§235. [Penalties; jurisdiction; violations by corporations; 
disposition of fines collected; employment of attorney; com- 
pensation.] (§4022-11.) Any officer, principal, teacher or 
other person mentioned in this act, neglecting to perform any 
duty imposed upon him by this act, shall be fined not less than 
twenty-five dollars nor more than fifty dollars for each of- 
fense. Any officer or agent of any corporation violating any 
provision of this act, who participates or acquiesces in or is 
cognizant of such violation, shall be fined not less than twenty- 
five dollars nor more than fifty dollars. Any person who vio- 
lates any provision of this act for which a penalty is not else- 
where provided, shall be fined not more than fifty dollars. 
Mayors, justices of the peace, police judges, and probate judges 
shall have jurisdiction to try the offenses described in this 
act, and their judgment shall be final. When complaint is 
made, information filed, or indictment found against any cor- 
poration for violating this act, summons shall be served,, ap- 
pearance made, or plea entered, as provided in section 7231, 
Revised Statutes of Ohio, except that in complaints before 
magistrates, service shall be made by the constable. In all 
other cases process shall be served and proceedings had, as 
in cases of misdemeanor. In every case of complaint against 
a child involving commitment to any children's home or juve- 
nile reformatory, the board of county visitors shall be notified 
and must attend and protect the interest of the child on the 
hearing, as provided in section 633-18 of the Revised Statutes 
of Ohio; and the order of commitment of the child to a state 



§§ 236-238 GUIDE FOR OHIO SCHOOL OFFICERS. 270 

reformatory must show that the county visitors were so noti- 
fied and attended the hearing. All fines collected under the 
provisions of this act shall be paid into the hands of the school 
district in which the offense was committed. Boards of educa- 
tion are authorized to employ legal counsel to prosecute any 
case arising under the provisions of this act when it shall deem 
the same necessary, and the services of such counsel shall be 
paid for from the contingent fund of the district. (95 v. 621; 
90 V. 290; 86 V. 338, §§ 11, 12, 13; 87 v. 326, 145.) 

§236. [Repeated violations.] (§4022-12.) Every person 
who, after being once convicted for violating any of the pro- 
visions of this act, shall be convicted of again violating any 
of the provisions of this act, may, in addition to the punish- 
ment by way of a fine elsewhere provided for, be imprisoned 
not less than ten days nor more than thirty days. On com- 
plaint, before a mayor, justice of the peace, or police judge 
of a second violation of this act involving punishment by 
imprisonment, if a trial by j'^iry be not waived, a jury shall 
be chosen and the case tried, after the manner provided in 
section 3718a, of the Revised Statutes of .Ohio. (95 v. 622; 
90 V. 290.) 

It is held that the above provision applied to the pupils and 
teachers of parochial schools, such schools being included in 
the terms private schools. (State v. Quigley, 26 Bull., 126.) 
If either of the officers mentioned in said section fail to comply 
with it, they are subject to punishment. 

§ 237. [Sufficient school accommodations to be provided.] 

(§ 4022-13.) It is hereby made the duty of every board of 
education in this state, to provide sufficient accommodations 
in the public schools for all children in their district compelled 
to attend the public schools under the provisions of this act. 
Authority to levy the tax and raise the money necessary for 
such purpose is hereby given the proper officers charged with 
such duty under the law. (95 v. 622; 90 v. 291.) 

§238. [Costs in prosecution under this act.] (§4022-14.) 
No person or officer instituting proceedings under this act 
shall be required to advance, or give security for costs; and 
if a defendant is acqviitted or discharged, or if convicted and 



271 FREE SCHOOL BOOKS. § 239 

committed to jail in default of payment of fine and costs, the 
justice, mayor, police judge or probate judge, before whom 
such case was brought shall certify such costs to the county 
auditor, who shall examine and, if necessary, correct the ac- 
count, and issue his warrant to the county treasurer in favor 
of the respective persons to whom such costs are due for the 
amount due to each. (95 v. 622; 90 v. 291.) 

Sec. 4023. Repealed April 1.5, 1889. 
Sec. 4024. Repealed April 15, 1889. 
Sec. 4025. Repealed May 12, 1902. 

§ 239. [Free school books.] (§ 4026.) That each board of 

education may furnish the necessary school books free of 

charge, to enable the parent or guardian, without expense 

therefor, to comply with the requirements of this chapter, 

the same to be paid for out of the contingent fund at the 

disposal of the board ; and such levy each year, in addition 

if necessary to that otherwise authorized by law, is hereby 

authorized, as shall be necessary to furnish such school books 

free of charge to all the pupils attending the public schools; 

but such pupils as are already wholly or in part supplied 

with necessary school books shall be supplied free of charge 

only as other or new books are needed; and all school books 

furnished as herein provided, shall be considered and be the 

property of the district and loaned to the pupils on such terms 

and conditions as such board may prescribe. (91 v. 260; 87 

V. 317; 74 V. 57. § 4.) 

Sec. 4027. Repealed May 12, 1902. 
Sec. 4028. Repealed April 15, 1889. 
Sec. 4029. Repealed May 12, 1902. 

The above section is constitutional. It does not violate article 
14, section 1 of the Amendments to the Constitution of the 
United States, or article 6, section 2, of the Constitution of 
Ohio. (Mooney v. Bell. 8 N. P., 658, 11 Dec, 786. It is not 
a diversion of public funds, yet a benefit of a part of the tax- 
payers, nor does it discirminate against persons who prefer to 
send their children to schools other than those provided by 
the state or against persons who have no children. In this 
case it is said that there is no legal obligation resting on par- 
ents or guradians to buy school books, and that there is no 
difference in principle between the furnishing by the school 
board, of a black board or chart, and the furnishing of books, 
these books to remain the property of the district and to be 



§ 240 GUIDE FOR OHIO SCHOOL OFFICERS. 272 

given out to the pupils on such terms and conditions as the 
board of education may prescribe, see section 4029-9 (§ 233), 
as to relief furnished to enable child to attend school. The 
school board would not have such power in the absence of a 
statute authorizing: the same. (Board of Education v. Detroit 
(Mich.), 45 N. W.^Rep., 585.) 

§ 240. [Examination for entering high school.] (§ 4029-1.) 
Each board of county school examiners shall hold examina- 
tions of pupils of townships, special and joint sub-districts in 
the subjects of orthography, reading, writing, arithmetic, Eng- 
lish grammar and composition, geography, history of the 
United States including civil government, and physiology. 

[Number of examinations; when and where.] Two such 
examinations shall be held annuallj^, one on the third Satur- 
day in April, and one on the second Saturday in May, at 
such place or places as the county board of examiners may 
designate. 

[Preparation of questions.] The questions for all such ex- 
aminations, throughout the state, shall be uniform and be 
prepared under the direction of the state commissioner of 
common schools, and sample lists shall be mailed, under seal, 
to the clerks of the said boards of examiners not less than 
ten days before each examination. Upon receipt of said 
lists, the said boards are authorized and required to have 
a sufficient number of copies of the same printed for use 
at the examination. Only such applicants as receive an aver- 
age grade of seventy per cent., with no grade less than fifty 
per cent, in any branch shall be passed. 

[Township commencement.] It shall be the duty of the 
township boards of education upon written notice, filed by a 
successful applicant, with the clerk of the board of educa- 
tion, to provide for holding a township commencement not 
later than the month of June, at some place within the civil 
township, and to appoint some suitable person to have charge 
of the same. At this commencement each successful appli- 
cant residing in the township school district or any special 
or joint sub-district having its school house located within 
the civil township of which the township district forms a part, 
shall be required to deliver an oration or declamation, or read 
an essay; thereupon said board of education shall issue a cer- 



273 EXAMINATION TO ENTER HIGH SCHOOL. §§241,242 

tifieate to each successful applicant, stating that said appli- 
cant has taken part in said commencement. 

[County commencement; diploma.] The board of county 
school examiners shall provide for the holding of a county 
commencement not later than August fifteenth, at such place 
as it may determine. At this commencement there shall be 
delivered an annual address, at the conclusion of which a 
diploma shall be presented to each successful applicant who 
has complied with the provisions of this act; said diploma 
shall entitle the holder thereof to enter any high school in 
the state. (89 v. 123, §§ 1, 2; 91 v. 67; 92 v. 198; 94 v. 175, 
§ 4029-1; 95 V. 71, 95 V. 218.) 

See Appendix for questions, etc. 

§ 241. [Compensation of examiners and contingent ex- 
penses.] (§ 4029-2.) The compensation of county examiners 
shall be the same as that fixed in section 4075 (§ 296) of the 
Eevised Statutes of Ohio for the examination of teachers, 
and each member of the said board of examiners shall be 
allowed the minimum fee provided for holding examinations 
for teachers as remuneration for his services incident to the 
county commencement, and such compensation and the necs- 
sary expenses incident to the examination and county com- 
mencement shall be paid out of the county treasury as pro- 
vided in said section 4075 (§296); no other compensation 
shall be allowed county examiners for holding the county com- 
mencement. The expenses incident to the township commence- 
ment shall be paid by the township board of education from 
the contingent fund of the township district, and when the 
pupils of special districts take part in such commencements 
the boards of education of such districts shall pay, from their 
contingent funds, to the township board of education their 
share of such expenses, such share to be based on the propor- 
tion of pupils, from each district, taking part in such com- 
mencements; a proportional share for pupils from joint sub- 
districts, taking part in such commencements, shall be paid 
from the contingent fund of said joint sub-districts. (89 v. 
123, § 4; 91 V. 67; 92 v. 198; 95 v. 72; § 4029-2; 95 v. 218.) 

§242. [Tuition.] (§4029-3.) The tuition of pupils hold- 
ing diplomas and residing in township, special, or joint sub- 



§ 242 GUIDE FOR OHIO SCHOOL OFFICERS. 274 

districts, in which no high school is maintained, shall be 
paid by the board of education of the district in which they 
have legal school residence, such tuition to be computed by 
the month and an attendance an}^ part of the month shall 
create a liability for the entire month ; but a board of edu- 
cation maintaining a high school shall charge no more tuition 
than it charges for other non-resident pupils, and no board of 
education shall be required to pay the tuition of any pupil 
for more than four school years; provided the board of edu- 
cation shall be required to pay the tuition of all successful 
applicants, who have complied with the provisions of this act, 
residing more than three miles from the high school provided 
by said board, when said applicants attend a nearer high 
school. The tuition of pupils residing in joint sub-districts 
shall be paid by the boards of education, having control of 
such districts, from the contingent funds of said districts. A 
board of education not maintaining a high school may enter 
into an agreement with one or more boards of education main- 
taining such school for the schooling of all its high school 
pupils and when such agreement is entered into the board 
making the same shall be exempt from the payment of tuition 
at other high schools ; provided the school or schools selected 
are located in the same civil township, or some adjoining 
township, as that of the board making the agreement. Where 
no such agreement is entered into the school to be attended 
can be selected by the pupil holding a diploma ; provided, due 
notice in writing, is given to the clerk of the board of educa- 
tion of the name of the school to be attended and the date 
the attendance is to begin, said notice to be filed not less 
than five days previous to said beginning of attendance. Said 
tuition can be paid from either the tuition or contingent funds, 
and in case the board of education deems it necessary it may 
levy a tax of not to exceed two mills on each dollar of taxable 
property in the district or joint sub-district in excess of that 
allowed by section 3959 (§ 62) of the Revised Statutes of 
Ohio; the proceeds of said levy shall be kept in a separate 
fund and applied only to the payment of such tuition. (89 
V. 123, § 3; 95 V. 72; § 4029-3; 95 v. 218.) 

Eligibility and Tuition of Pu- Form of Notice. 

pil. How Payment Compelled. 



275 TUITION OF PUPIL. § 242 

Eligibility and Tuition of Pupil. — If the pupil has a di- 
ploma acquired by virtue of section 4029-1 (§ 240) then he is 
entitled to enter any high school in the state. This would 
seem to allow the pupil to make a selection of what high school 
he would enter, unless such power is limited in the above 
section. As to what will constitute a high school the same 
is now defined by the legislature, see section 4029-4 (§ 243). 
While the above section does not limit the high school where 
the pupil may enter by virtue of his diploma, yet it does 
limit the instances in which he can enter such high school, 
and have his tuition paid by the school district in which he 
has legal residence. 

If such school district has no high school, then the school 
district is obliged to pay his tuition, but no board of education 
shall be required to pay tuition for more than four years. If 
the board of education makes arrangements with the board 
controlling the high school, then the pupil must attend that 
school if he wishes to have his tuition paid. If, however, the 
high school is situated more than three miles from the residence 
of the pupil, then the pupil might exercise his choice, and 
attend a nearer school, and the school district would be re- 
quired to pay his tuition. If no arrangements have been 
made for the pupil to attend any high school, he exercises 
his choice ; the only requirement being, that he give notice 
in writing to the clerk of the board of education. This notice 
must contain the name of the school which he expects to at- 
tend and when his attendance will begin, and it must be filed 
five days previous to his beginning such attendance. This 
notice might be in the following form : 

Form of Notice. 

To , Clerk of the Board of Education of School District: 

Sir: — I hereby give notice that I expect to attend the high school 

located at , and that I will begin my attendance there on the 

day of 



How Payment Compelled. — Mandamus is not the proper 
procedure to compel payment until the amount to be paid for 
has become liquidated either by agreement between the boards 
of education or by a suit at law. (State v. Board of Education, 
8 N. P., 207. 11 Dec. 289.) A father by virtue of his natural 
guardianship over his children, charged with their education, 
has such interest in the subject-matter as will entitle him to 
bring an action compelling pavment of such tuition. Where 
an action is brought by the district maintaining a high school, 
to recover tuition, it is not necessary that the parent be a party 
to such a suit. (New IMadison, etc., v. Harrison. 14 Dec, 62.) 



§ 243 GUIDE FOR OHIO SCHOOL OFFICERS. 276 

The statute is now mandatory and if a person holding the 
diploma brings himself within its provision, the board of 
education of the district in which he resides is bound to pay 
his tuition. 

§243. [What shall constitute a high school.] (§4029-4.) 
No board of education shall be entitled to collect tuition under 
this act unless said board shall be maintaining a regularly 
organized high school with a course of study extending over 
not less than two years and consisting mainly of branches 
higher than those in which the pupil is examined. Should the 
question arise as to the standing or grade of any particular 
high school, the state commissioner of common schools is 
hereby authorized to determine the grade of such school and 
his finding in the case shall be final. (95 v. 73, § 4029-4; 95 
V. 218.) 

See §187 (§4007-2). 



277 



ENUMERATION, TREASUEER AND CLERK. 



244 



CHAPTER 10. 
ENUMERATION, TREASURER AND CLERK. 



Section. 
§ 244 (4030 



§245 (4031 
§ 246 (4032 



§ 247 (4033 
§ 248 (4034 
§ 249 (4035 



§ 250 (4036 

§251 (4037 

§ 252 (4038 

§ 253 (4339 

§254 (4040 

§ 255 (4041 

§ 256 (4042 

§257 (4043 



258 (5841 

259 (5842 
260 



Yearly enumera- 
tion of school 
youth. 

Appointment o f 
e n u m e rators; 
oath and duties. 

Enumeration i n 
districts in two 
or more counties. 

Repealed. 

Repealed. 

Clerk to transmit 
abstract of enu- 
meration to coun- 
ty auditor. 

When clerk fails, 
auditor to act. 

When county line 
divides original 
surveyed t o w n - 
ship. 

When enumeration 
not taken, district 
not entitled to 
school funds. 

Auditor to furnish 
abstract to state 
commissioner. 

Duty of state com- 
missioner when 
enumeration ex- 
cessive. 

Penalty for making 
fraudulent re 
turns. 

Treasurer of school 
funds. 

Bond of treasurer; 
additional sureties 
on new bond. 

Release of security. 

New bond. 

Provisions for dis- 
charge; treasurer, 
etc. 



Section. 
§261 

§ 262 
§ 263 
§ 264 (4044) 



§ 265 (4045) 

§266 

(4046) 
§ 267 (4047) 



(4947a) 
§ 268 (4048) 



§ 269 (4049) 



§270 (4050) 
§271 (4051) 



§ 272 (4052) 

§ 273 (4053) 

§ 274 (4054) 
§ 275 (4055) 
§276 (4056) 



Question submitted 
to voters. 

Ballots for. 

Result of election. 

Annual settlement 
by treasurer with 
county auditor. 

Penalty for failure 
to make such set- 
tlement. 

Embezzlement o f 
public money. 

Repealed. 

When treasurer 
may receive or 
pay money. 

Repealed. 

Maximum amount 
of funds which 
treasurer may 
hold. 

Treasurer to deliv- 
er money, etc., to 
successor. 

Bond of clerk. 

When orders of 
clerk for teachers' 
pay illegal. 

Annual statistical 
report of board of 
education; by 
whom prepared. 

Publication of re- 
ceipts- and dis- 
b u r s e m e nts by 
clerk. 

Clerk to deliver 
books, etc., to suc- 
cessor. 

How treasurer and 
clerk to keep ac- 
counts. 

Compensation o f 
treasurer and 
clerk. 



ENUMERATION. 

§ 244. [Yearly enumeration of school youth.] (§ 4030.) 
There shall be taken in each district, annually, during the 



§ 245 GUIDE FOR OHIO SCHOOL OFFICERS. 278 

two weeks ending on the fonrth Saturday of May, an enumera- 
tion of all unmarried youth, noting sex, between six and twen- 
ty-one years of age, resident within the district, and not 
temporally there, designating also the number between six 
and eight years of age, the number between eight and four- 
teen years of age, the number between fourteen and sixteen 
years of age, the number between sixteen and twenty-one 
years of age, and the number residing in the Western Reserve, 
the Virginia Military district, the United States Military dis- 
trict, and in an}^ original surveyed, township or fractional 
township to which belongs section sixteen, or other land in lieu 
thereof, or any other lands for the use of public schools, or 
any interest in the proceeds of such lands. (93 v. 312; 87 v. 
80- 85 V. 192; Rev. Stat. 1880; 71 v. 15, § 77.) 

Enumeration in children's homes; see section 930&, R. S. 

At the annual enumeration of school youth as required by 
the provisions of section 4030 (§ 244), the ages of such youth 
at the taking of enumeration should be returned and not as 
of September 1st following. (Atty. Genl.) 

The youth enumerated must be actual residents of the dis- 
trict, living with parents or guardians or working to support 
themselves by their o^n labor; see section 4013 (§ 201) and 
notes under same. 

§245. [Appointment of enumerators; oath and duties.] 

(§4031.) The board of education of each school district, shall, 
on or before the second Saturday in May, appoint one or more 
persons to take the enumeration provided for in section four 
hundred and thirty (§244) of the Revised Statutes of Ohio. 
Each person appointed to take such enumeration shall take an 
oath or affirmation to take the same accurately and truly to 
the best of his skill and ability. When making return thereof 
to the clerk of the board of education, he shall accompany the 
same with a list of the names of all the youth enumerated, 
noting the age of each, and with his affidavit duly certified 
that he has taken and returned the enumeration accurately 
and truly to the best of his knowledge and belief, and that 
such list contains the names of all such youth so enumerated 
and none others. The clerk of the board of education or any 
officer authorized to administer oaths, may administer such 
oath or affirmation, take and certify such affidavit, and the 



279 ENUMERATION. §§ 246-249 

clerk shall keep in his office for the period of five years such 
report and the list of names, and each person so taking and 
returning the enumeration shall be allowed by the proper 
board of education reasonable compensation for his services. 
(97 V. 365.) 

Forms are generally supplied lur making out enumeration 
of youth which contains copies of oaths and general directions 
for making a proper enumeration. It will be observed that 
the clerk of the board of education or any other proper officer 
wTio is authorized to administer an oath may administer the 
oath to the person taking the enumeration. It should further 
be observed that the clerk shall keep the enumeration in his 
office for five years and that the compensation to the person 
taking the enumeration is fixed by the board of education. 
The enumerator must be appointed on or before the second 
Saturday in May. The penalty attached for not taking enu- 
meration is a deprivation of the share of the school funds. 
See section 4038 (§ 252). 

§ 246. [Enumeration in districts in two or more counties.] 

(§ 4032.) "When a school district including territory attached 
for school purposes, is situated in two or more counties, it 
shall be the duty of the person or persons taking such enu- 
meration to report the number of youth as provided in section 
forty hundred and thirty (§ 244) of the Revised Statutes of 
Ohio, residing in each county and the clerk of the board shall 
make returns to the auditors of the respective counties in 
which such youth reside as provided in section forty hundred 
and thirty-five (§ 249) of the Revised Statutes of Ohio. (97 
V. 366.) 

§247. (§4033.) Repealed. (90 v. 76.) 

§ 248. (§ 4034.) Repealed April 25, 1904. 

§ 249. [Clerk to transmit abstract of enumeration to county 

auditor.] (§ 4035.) The clerk of each board shall, annually, 
on or before the first Saturday in July make, and transmit to 
the county auditor, an abstract of the enumeration by this 
chapter reciuired to be returned by him, according to the form 
prescribed by the commissioner of common schools, with an 
oath or affirmation endorsed thereon that it is a correct abstract 
of the returns made to him under oath or affirmation ; and the 



§§250,251 GUIDE FOR OHIO SCHOOL OFFICERS. 280 

oath or affirmation of the clerk may be administered and certi- 
fied by any member of the board of education, or by the county 
auditor. (97 v. 366.) 

§250. [When the clerk fails, auditor to act.] (§4036.) If 

the clerk of any district fail to transmit such abstract of 
enumeration on or before the first Saturday in July, the auditor 
shall at once demand the same from such clerk; and in ease 
the enumeration has not been taken as required by this chap- 
ter, or the abstract required be not furnished without delay, 
the auditor shall employ competent persons to take such enu- 
meration, who shall be subject to the legal requirements al- 
ready specified, except that the return shall be made directly 
to the auditor, who may administer to each person employed 
the oath or affirmation required; and the auditor shall allow 
the person employed by him, a reasonable compensation, to 
be paid out of the general county fund, and shall proceed to 
recover the amount so paid in civil action before any court 
having competent jurisdiction, in the name of the state, against 
such clerk on his bond, and the amount so collected shall be 
paid into the school funds of the district. (97 v. 366.) 

The returns should now be made on or before the first 
Saturday in June, as the time of taking the enumeration was 
changed from July to May without changing the time fixed 
for making returns. 

§ 251. [When county line divides original surveyed town- 
ship.] (§ 4037.) If parts of an original surveyed township 
or fractional township are situq,te in two counties, the auditor 
of the county in which the smallest part is situate shall, so 
soon as the abstracts of enumeration are received by him 
from the clerks of the boards of education, certify to the 
auditor of the county in which the largest part- is situate the 
enumeration of youth residing in the part of the township 
situate in his county; if parts of such township or fractional 
township are situate in more than two counties, like certificates 
of enumeration shall be transmitted to the auditor of the coun- 
ty containing the greatest relative portion of such township, 
by the auditors of other counties containing portions thereof; 
when it is uncertain which county contains the greatest rela- 
tive portion of such township, such certificates shall be trans- 



281 ENUMERATION. §§ 252-25-4 

mitted to the auditor of the oldest county, by the other auditor 
or auditors; and if the land granted by congress to such 
township or fractional township for the support of public 
schools has been sold, the auditor to whom such certificates 
are transmitted shall notify the auditor of state, without delay, 
that such enumeration has been certified to him. (70 v. 195, 
§§ 121, 130.) 

This section has nothing whatever to do with the enumera- 
tion returned by county auditors to the state commissioner 
of common schools. 

§ 252. [When enumeration not taken, district not entitled 
to school funds.] (§ 4038.) If an enumeration of the youth 
of a district be not taken and returned in any year, such dis- 
trict shall not be entitled to receive any portion of the school 
funds distributable in that year on the basis of enumeration; 
and if such loss to a district occur through the failure of the 
clerk of the board of education of a district to perform the 
duty required of him under section forty hundred and thirty-five 
of the Revised Statutes of Ohio, he shall be liable to the dis- 
trict for the loss, which may be recovered in an action in the 
name of the state ; and the money so recovered shall be paid 
into the county treasury, and apportioned in the same manner 
as the school funds so lost would have been apportioned. (97 
V. 366.) 

§ 253. [Auditor to furnish abstract to state commissioner.] 

(§ 4039.) The auditor of each county shall make and transmit 
to the state commissioner of common schools, on or before 
the third Saturday in July in each year, on blanks to be fur- 
nished by the commissioner, an abstract of the enumeration 
returns made to him, duly certified. (97 v. 366.) 

§ 254. [Duty of state commissioner when enumeration ex- 
cessive, etc.] (§ 4040.) When the state commissioner of com- 
mon schools on examination of the enumeration returns of 
any district, is of opinion that the enumeration is excessive 
in number, or in any other way incorrect, he may require the 
same to be retaken and returned, and if he think it necessary 
he may for this purpose appoint persons to perform the service, 
who shall take the same oath, perform the same duties, and re- 



§ § 255-257 GUIDE FOR OHIO SCHOOL OFFICERS. 282 

ceive the same compensation, out of the same funds, as the per- 
son or persons who took the enumeration in the first instance, 
and the school fund distributable in proportion to enumera- 
tion shall be distributed upon the corrected returns. (70 v. 
195, § 75.) 

§ 255. [Penalty for making fraudulent returns.] (§ 4041.) 

An officer through whose hands the enumeration required b}'' 
this chapter to be returned passes, who, by percentage or 
otherwise, adds to or takes from the .number actually enu- 
merated, shall be deemed guilty of a misdemeanor, and, upon 
conviction of such offense, shall be fined in any sum not less 
than five nor more than one thousand dollars, or imprisoned in 
the county jail not less than ten nor more than thirty days, at 
the discretion of the court. (70 v. 175, § 75.) 

TREASURER AND CLERK. 

§256. [Treasurer of school funds,] (§4042.) In each 
city, village and township school district, the treasurer of the 
city, village and township funds, shall be respectively the 
treasurer of the school funds; in each special district the 
board of education shall choose its own treasurer, whose 
term of office shall be for one year beginning on the first 
day of September. (97 v. 367.) 

Comments. — While the treasurer of the city, village or town- 
ship funds may also be by virtue of the "above section the 
treasurer of the school fund of such city, village and township, 
yet he holds the school fund in an entirely different capacity, 
and is liabel to the school board for any default in conditions 
of his bond. Such moneys are now deposited in banks. See 
section 4968 (§ 69). To deposit money in an unauthorized 
manner is a breach of his bond. (Board of Eshelby, 6 N. P., 
117, 9 Dec, 214.) 

The board of education has its choice of two forms of ac- 
tion. It may sue for money received and not accounted for as 
well as an action on the bond. (Board of Education v. Milli- 
gan. 51 0. S., 115.) The same person can not be president 
of the board and treasurer. (Mitehel v. Schultz, 5 Bull., 502.) 

§ 257. [Bond of treasurer; additional sureties or new bond.] 

(§ 4043.) Each school district treasurer shall, before entering 
upon the duties of his office, execute a bond, with sufficient 



283 treasurer's bond. § 257 

sureties, in an amount at least equal to the amount of school 
funds that may come into his hands, paj^able to the state of 
Ohio, to be approved by the board of education, conditioned 
for the faithful disbursement, according to law, of all funds 
which come into his hands ; and he may at any time thereafter 
be required to give additional sureties on his accepted bond, 
or to execute a new bond with sufficient sureties to the approval 
of the board of education whenever the said board of educa- 
tion deem it necessary, and if said treasurer shall fail for 
ten days after service of notice in writing of such requisition, 
to give bond or additional sureties as aforesaid as required by 
said board, the office shall be considered and declared vacant 
and shall be filed [filled] as in other cases. Every bond when 
so executed and approved shall be filed with the clerk of the 
board of education of the district, and recorded, who shall 
cause a certified copy thereof or the names of additional 
sureties, to be filed with the county auditor without delay, and 
such board at the time of the approval of any bond or sureties, 
shall require the treasurer of the school funds to produce all 
money, bonds or other securities in his hands as such treasurer, 
and the same shall be then counted by the board or a com- 
mittee thereof, in the presence of the clerk of the board, who 
shall thereupon enter upon the records of the board, a cer- 
tificate, setting forth the exact amount of money or securities 
so found in the hands of such treasurer, which record shall 
be signed by the president and clerk of the board and shall 
be prima facie evidence that the amount therein stated was 
actually in the treasury at that date. (97 v. 334.) 

Liability on Bond. Treasurer can not be Mem- 

Interest on Funds. ber of Board. 

Ex officio Treasurer. Form of Bond. 

His Own Successor. Form of Oath. 

Trustees can not Release Form of Certificate of Bond. 

Bond. Report of School Funds in 

Failure to Give Bond Creates Treasury. 

Vacancy. 

Liability on. — The sureties on the bond of a school official 
are not liable for money received by their principal not colore 
'officii, but by virtue of a rule adopted by the board of educa- 
tion without authority and contrary to law; nor does the fail- 
ure of such official to order the person who paid him the 



§ 257 GUIDE FOR OHIO SCPIOOL OFFICERS. 284 

mone}^ to pay it to the officer entitled to receive it, constitute 
a breach of his official bond such as will render his sureties 
thereon liable, when the loss was caused not by such failure, 
but by reason of their principal unlawfully appropriating the 
money to his own use after it had improperly come into his 
hands, together with the confusion created by the unlawful 
rule referred to. (State v. Cottle, 16 Cir. D., 238.) 

Interest on Funds. — The treasurer of a school district who, 
under favor of the proviso of R. S. section 6841, deposits its 
funds in a bank, which allows interest on the average balance 
of the deposit is required to account to the school district for 
such interest. (Eshelby v. Board of Education, 66.0. S., 71.) 

Treasurer Ex Officio. — This bond is required even where 
the treasurer of the school funds is such by virtue of holding 
some other office, and even when he has already given bond as 
such officer he must still give bond as custodian of such school 
moneys. It is necessary that the clerk certify to the auditor 
the fact that such bond has been filed and approved ; for in the 
absence of such knowledge the auditor is forbidden to issue a 
warrant on the county treasurer for any money. (See section 
1047, R. S.) In fact, he never is treasurer until he does give 
the bond, this being a condition precedent to his legal occu- 
pancy of the position. It must not only be given but must be 
approved. (The State v. Commissioners, 31 0. S., 455.) If 
a sufficient bond is tendered within a reasonable time, it must 
be accepted, and on failure or refusal so to do, mandamus 
will lie. 

The word "funds" in a school district treasurer's bond was 
held to include the drafts and certificates of deposit which, 
when received, would have been paid on presentation, and 
which were received as cash by such treasurer. (Reed v. Board 
of Education, 39 0. S., 635.) 

Treasurer His Own Successor. — Bonds are always strict- 
ly construed and in favor of the surety ; and it is held, perhaps 
without exception, that where the term expires, the further lia- 
bility of the surety ceases. If the bond specifically stated that 
it was to be for that term as well as all future terms to which 
the principal obligor might be elected or appointed, a surety 
might perhaps be held for a future term. But as a rule it may 
be said that in all cases, whether the prospective official is a 
new or old incumbent, he must give bond for each term he 
holds the official position. (See State v. Corey, 4 Western L. 
Monthly; see State v. Corey, 16 0. S., 17.) 

Township Trustees can not Release Bond. — The trustees 
of the township have no right to control the school fund, no 
right to interfere or meddle with the treasurer's bond, given 



285 FAILURE TO GIVE BOND. § 257 

to secure it, except to approve the sureties. The right to sue it 
is vested in the township clerk, and with this right the trustees 
can not interfere. A discharge my them of the bond, or of any 
demand which it was intended to secure is a perfect nullity, 
because the power has not been granted them expressly and 
can not be taken by implication, as indicental to any expressly 
granted power. (Monroe Tp. v. Williams, 13 0., 504.) 

Failure to Give Bond Creates Vacancy. — It will be ob- 
served that if the treasurer fails to give bond within ten days 
after he has been notified to give a bond or give additional 
security, that then his office becomes vacant (see section 1740, 
Revised Statutes). As to the method to be purued by sureties 
on such bond to be executed therefrom, a general provision 
of the Revised Statutes is applicable thereto, which will be 
given following the suggestions and forms of this section. 

Treasurer can not be Member of Board. — The relations 
between the board of education and the treasurer are such 
that one can not be a member of the board and at the same 
time act as its treasurer. In passing upon the sufficiency of 
the treasurer's bond, if he be a member of the board, his own 
vote may determine the action of the board in reference to 
said bond. 

Form of Township Treasurer's Bond. 

Know All Men by These Presents: 

That we, , , , are held and firmly bound unto the 

state of Ohio, in the sum of dollars, for the payment whereof 

we jointly and severally bind ourselves. 

Signed and sealed by us this day of , A. D. nineteen 

hundred and 

Whereas, the said has been duly elected and qualified as 

treasurer of township, county, and state of Ohio, for 

the t^rm of year., from the day of April, A. D. 190.., 

and until his successor is elected and qualified, and is therefore ex 
offlcio treasurer of the board of education of the township district of 
said township. 

Now, the condition of the above obligation is such, that if the 

said shall faithfully disburse, according to law, all school 

funds which come into his hands, then this obligation shall be void; 
otherwise it shall be and remain in full force. 



The above bond approved by said board this day of 

D. 190.. 



(Date.) , 

President of said Board. 
Clerk of said Board. 



§ 258 GUIDE FOR OHIO SCHOOL OFFICERS. 286 

Oath of Treasurer. 

The State of Ohio, County, Township, ss.: 

Before me, , clerk of said township, personally came , 

who being duly sworn according to law, says that he will support the 
Constitution of the United States and the Constitution of the state 
of Ohio; and that he will faithfully discharge his duties as treasurer 

of the board of education of the township district of township, 

county, Ohio, during his continuance in said office, and until 

his successor is chosen and qualified. 

Sworn to before me and signed in my presence, on day of 

, A. D. 190.. 

Township Clerk. 

Form of Certificate of Treasurer's Bond. 

, 190.. 

To the Auditor of County: 

It is hereby certified that has executed and filed with me a 

bond for the faithful disbursement, as treasurer of township, 

county, of all school funds that may come into his hands as 

such treasurer; which bond, dated April , 190.., is in the 

penalty of dollars, and has been approved by the board of 

education of said township. 

Cleiiv of said Township. 

Note. — The above can be altered so as to apply to the bond 
of the treasurer of a separate school district. 



Form of Report and Certificate of School Funas in Treasury. 

We hereby certify that, by a count, as required by law, of all the 

money, bonds and securities in the hands of , treasurer of 

township (or district), county, Ohio, made this 

day of , 190.., in the presence of the clerk of the board, we 

find dollars (and bonds, etc., in value amounting to dol- 
lars) school funds to be in the treasury on the date above named, and 
we have directed the clerk to enter upon the records of the board a 
copy of this report. 



(Signed.) 

Attest: 



President. Board (or Committee.) 

Clerk. 

§258. [Release of surety.] (§5841.) A surety of the 
treasurer of school funds, in any school district organized 
under the provisions of law, may at any time notify the board 
of education of the proper district, by giving at least five days' 
notice, in writing, that he is unwilling to continue as surety 
for such treasurer, and will, at a time therein named, make ap- 



287 RELEASE OP SECURITY. § 259 

plication to the board of education to be released from further 
liability upon his bond; and he shall also give at least three 
days' notice, in writing, to such treasurer of the time and 
place at which the application will be made. (70 v. 195, § 48.) 

This section gives a mode for a surety to be relieved from 
further liability on the bond of the treasurer and the follow- 
ing forms may be used to each : 

Form of Notice of Surety to be Relieved from Bond. 

To the Trustees of Toionship, County, Ohio: 

You are hereby notified that I am unwilling to longer continue as 

surety on the official bond of (here designate office, etc.), and 

that I shall, on the day of , 190. ., at o'clock a. m., 

at the township clerk's office, make application to your trustees of 
said township to be released from all further liability upon the bond 

of the said 

(Date.) 

Form of Notice to Official. 

To , of Township, County, Ohio: 

Sir: — You are hereby notified that on the day of , 

190.., at the township clerk's office, at o'clock a.m., I shall 

make application to the township trustees to be released from all fur- 

her liability on your bond as of township. 

(Date.) 

§259. [New bond.] (§5842.) The board of education, 
upon such notice being given, shall hear the application, and 
if, in their opinion, there is good reason therefor, shall require 
the treasurer to give a new bond, conditioned according to 
law, and to the satisfaction of the board, within such time as 
they may direct ; and if the treasurer fail to execute such bond, 
the office shall be deemed to be vacant, and shall be immedi- 
ately filled as other vacancies therein; but such original sure- 
ties shall not be released or discharged until the filing of the 
new bond, or the expiration of the time allowed therefor ; and 
the cost of such application shall be paid by the person making 
the same. (70 v. 195, § 8.) 

After the proper notices have been given, the board of edu- 
cation shall hear the application and it seems to be left in 
their discretion whether they will make an order releasing the 
surety, and it might be said, that while the statute requires 
that there should be reason, aside froTJi the fact that suretyship 
IS a burdensome matter and one without remuneration to the 
surety, the order is generally made upon the asking of the 



§ 260 GUIDE FOR OHIO SCHOOL OFFICERS. 288 

surety, and the board of education should make the following 
entry. 

Form of Entry. 

This day this matter came on to be heard upon the application of 
C. D. and E. F. to be released and discharged as sureties upon the 
bond of A. B., and the same was submitted to the board. Whereupon 
the board finds that there is good reason therefor, and it is ordered 
that the treasurer give a new bond conditioned according to law, in 

the sum of $ and to the satisfaction of this board within 

days from this date and upon the execution of said bond the sureties 
shall be relieved from all future liability, but they shall not be re- 
leased of liabilities now existing or in any manner discharged until 
such new bond is filed and accepted by this body. 

Form of bond may be very much similar to that given in 
the preceding section. 

§ 260. [Provisions for release and discharge of county, city, 
village, township or school district treasurers and their sure- 
ties in certain cases.] Sec. 1. When without fault or neg- 
ligence of the officer intrusted by law with the care of the 
same, a loss of public funds intrusted to a county, city, village, 
township or school treasurer, by virtue of his office, is caused 
by fire, robbery, burglary or inability on the part of the bank 
to refund public money lawfully in its possession belonging to 
such public funds; the county commissioner, in case of such 
loss by a county treasurer, and the city or village council, 
township trustees and boards of education, in like cases of loss 
by city, village, township and school treasurers, respectively, 
are hereby authorized and empowered, to release and discharge 
such treasurer and the sureties upon his official bond from 
all liability to or demands of the county, city, village, town- 
ship or school district interested, for such loss so created and 
arising; provided that before such release and discharge shall 
be affected such board of county commissioners, city or village 
council, township trustees or board of education, effecting 
such release and discharge, shall find; that such loss of public 
funds was not occasioned by the fault or negligence of such 
treasurer, and shall cause an entry of such finding to be made 
upon the record book of the proceedings of the council or 
board; provided further that in cases of loss by county treas- 
urers, the county commissioners, and in cases of loss by city 
or village treasurers, the city or village council, and in cases 
of loss by township treasurers, -the township trustees, and in 



289 DISCHAKGE OF TREASURER. § 260 

cases of loss by school treasurers, the board of education of 
the school treasurers, the board of education of the school 
district; having first made and caused to be entered the find- 
ing of no fault or negligence as above provided, may and 
they are hereby authorized, at the next ensuing general elec- 
tion to be. held in such county, city, village, township or school 
district, respectively, to submit to the qualified electors of 
said county, city, village, township or school district interested 
the question of discharging such treasurer and the sureties 
upon his official bond from liability on account of such loss 
of funds. 

[Petition of electors.] Provided further, that whenever 
twenty-five per cent, of the qualified electors of such county, 
in cases of county treasurers, or a like percentage of qualified 
electors in cases of city, village, township or school treasurers, 
shall petition the council or board for the privilege to determine 
by ballot whether any treasurer and the sureties on his offi- 
cial bond shall be released and discharged, such council or 
board shall, and they are hereby required to, submit such 
question to the qualified electors of said county, city, village, 
township or school district interested, as herein provided. Pro- 
vided that any taxpayer of the county, township, municipality 
or school district affected may within five days after any 
finding of release or discharge provided for in this act is 
made, take an appeal therefrom to the common pleas court 
of the county, and until such appeal is finally determined such 
finding and other proceedings shall not affect such release 
and discharge. Notice in writing of such intention to appeal 
shall be filed with the clerk or auditor of the board or council 
making such finding within five days thereafter, and a trans- 
cript of the said finding and other proceedings shall within thir- 
ty days after said finding be filed in said common pleas court 
and docketed therein as other cases. Whereupon the court 
shall proceed to try and determine the question whether such 
public funds w^ere lost by the fault or negligence of such treas- 
urer; and in case it be found that they were, the finding of 
the board or council below ordering such discharge shall be 
vacated; but in case they were not, then such finding shall 
remain in full force, and the court shall cause its judgment 



§ 260 GUIDE FOR OHIO SCHOOL OFFICERS. 290 

to be certified to the board or council making such finding. 
(98 V. 120.) 

Purpose and Extent of Stat- Procedure on Petition Signed 

ute. by Electors. 

Mode of -Procedure. Form of Petition. 

Form of Application to Pro- Proceeding on Petition of 

ceed, etc. Electors. 

Procedure on Filing of Appli- Order of Election. 

cation. Form of Order of Election. 
Form of Entry. 

Purpose and Extent of Statute. — Heretofore, when it was 
sought to relieve a treasurer and his sureties from liability 
for a loss that had occurred to the treasurer of the funds in 
his possession, a special act of the legislature was required. 
In such cases, while it might have been within the power of 
the legislature to directly relieve the treasurer and his sureties, 
a general practice was to refer the same back to the people for 
a vote upon the question, and if the vote was favorable, the 
treasurer and his sureties were released. This kind of a statute 
is strictly construed and only such persons can take advantage 
of it as bring themselves within its provisions, and it will be 
observed that the first essential in order that the treasurer 
may be relieved is that the loss has occurred without his fault 
or negligence, and then it seems to further limit this matter 
in this, that the loss must be caused by fire, robbery, burglary 
or inability on the part of the bank to refund money lawfully 
in its possession, and it should be observed further in 
relation to the relief of the inability of a bank to refund 
the monej^ that the money must have been lawfully in its 
possession. "Lawfully" here refers no doubt to the statutes 
now in force requiring the treasurers to deposit their moneys 
in certain banks. 

Mode of Procedure. — It will be observed that the boards 
who have by law control of the funds generally or the disburse- 
ment of them, are the bodies which must act first and last in 
a proceeding to relieve a treasurer and his bondsmen. In a 
township, this board would either be the township trustees, or 
in case the funds belong to a board of education, such board 
of education would be the body to whom the petition or ap- 
plication should first be addressed. 

Whether or not this application should have attached to it 
the petition signed by twenty-five per cent, of the qualified 
electors of the district, is one which will depend somewhat 
upon the choice of procedure adopted by the applicant. 
Probably the better way to pursue, as it seems to be the first 



291 DISCHARGE OF TREASURER. § 260 

essential required, is for the treasurer or his bondsmen to 
present an application to the trustees or board of education, 
as the case may be, asking that such proceedings may be had 
as is contemplated by the statute. This application should 
set forth the amount of funds that were lost, and the manner 
in which the loss occurred, and the capacity in which the 
funds were held by the treasurer and might be in the following 
form : 



Form of Application to Proceed, etc. 

To the Trustees of Toivnship, etc.: 

The undersigned respectfully represent that on the day of 

one A. B. was duly elected as treasurer of township, 

and thereafter, on the day of , gave bond as required by 

law, with C. D. and E. F. as sureties thereon, but afterwards, to wit, 

on the day of , said treasurer having the sum of $ 

in a safe in his office, was robbed of the same (or here insert such 
other manner or way in which the funds became lost). That such 
loss occurred without the fault or negligence of the said A. B., and 
that the undersigned respectfully ask your honorable board to take 
such measures as may be authorized by law to relieve the said A. B. 
from liability for such loss, and the said C. D. and E. F. as sureties 
on his said bond. 

(Date.) 



Procedure on Filing of Application. — At the first regular 
meeting of the township trustees or board of education after 
such application has been filed they should make an examina- 
tion into these two questions in particular. First, Was the 
loss without fault or negligence of the treasurer ? Second, Was 
it caused by fire, robbery, burglary or inability of the bank, 
etc.? And upon these two questions the board should resolve 
itself into a court of inquiry; for upon these, any taxpayer 
might have the right to appeal and it would be better to make 
this inquiry full and complete, in the first instance, than to 
have it go up on appeal and the entire proceedings set out 
aside. The board of trustees, or the board of education, after 
having heard evidence upon this question, should make a 
journal entrj^ of which the filing might serve as a general 
form. 

Form of Entry. 

In the Matter of the Relief of A. B. and C. D. and E. F. on Treasurer's 
Bond: 

This day this matter came on to be heard upon the application of 
A. B., C. D. and E. P., to be relieved and discharged from the loss re- 
sulting to said A. B. as treasurer and , and the trustees, having 

heard all the evidence, do find that such loss occurred as in said appli- 
cation set forth, and that the same was without fault or negligence 
of the said A. B. or either of said bondsmen. 



§ 260 GUIDE FOR OHIO SCHOOL OFFICERS. 292 

Wherefore, it is ordered that said applicants proceed and file their 
petition with this board containing thereon at least twenty-five per 
cent, of the qualified electors of this township, in order that the same 
may be submitted to a vote of the people of this township, etc. 

Procedure on Petition Signed by Electors. — The trustees 
or board of education having found as above indicated, the 
next thing would be the presentation of the petition signed 
by at least twenty-five per cent, of the qualified electors of 
such township, etc. Of course, if the trustees have not found 
in favor of the application upon the question submitted to 
them in the applicant's petition that would end the matter. 
This petition might be in the following form. 

Form of Petition. 

To the Trustees of Township: 

The undersigned, representing twenty-five per cent, of the qualified 
electors of township, etc., respectfully petition to your honor- 
able body for the privilege of determining by ballot whether A. B., 
the treasurer, etc., and C. D. and E. F., sureties on his ofBcial bond, 
should be released and discharged from all loss suffered by said treas- 
urer as provided by law. 

Proceeding on Petition of Electors. — The first question 
that will present itself to the township trustees or board of 
education will be whether or not the petition has been signed 
by twenty-five per cent, of the qualified electors of such town- 
ship, so in case of the treasurer of school board of the school 
district. The matter of determining the number of electors in 
such township, etc., may not be an easy question and perhaps 
no general rule can be given. Where the territory is not a 
large one an actual account may be had, but this is one of 
some uncertainty. Perhaps as good a way as could be fol- 
lowed would be to take the number of votes that were cast at 
the last general election and add to this perhaps twenty-five 
or thirty per cent., and then take twenty-five per cent, of the 
whole amount. This is a matter of fact which seems to rest 
within the discretion of the township trustees or school board 
and there is no appeal from their decision thereon. 

Order of Election. — The trustees having found that the pe- 
tition has the required number of qualified electors, and that 
the other requirements of the statute have been fulfilled, 
should put an entry on their journal of such finding and order, 
which may be in the following form. 

Form of Order of Election. 

In the Matter of the Relief of A. B. and C. D. and E. F. on Treasurer's 
Bond: 
This day this matter came on further to be heard upon the petition 
filed herein for the privilege of determining by ballot whether or not 



293 SUBMITTED TO VOTE. §§261,262 

A. B., and C. D. and E. F., as sureties, should be relieved from the 
loss occurred and as in their application hereinbefore set forth, and 
the same was submitted on the testimony and said petition. 

Whereupon, this board finds that such p~"etition has been signed by 
twenty-five per cent, of the qualified electors of this township (or, in 
case of board of education, of its school district). That as this board 
has heretofore found that such loss was without fault or negligence 
of the said A. B., wherefore it is ordered that the question as to such 
discharge shall be submitted at the next general election to the quali- 
fied electors of this township (or school district, as the case may be), 
and that a copy of this journal entry be certified to the board of 
deputy state supervisors of elections of this county for procedure 
thereunder by them as required by law. 

§261. [How question of release submitted to vote; notice, 
etc.] Sec. 2. The deputy state supervisors of elections of 
the county interested or within which such city, village, town- 
ship or school district is located, shall cause notice of the sub- 
mission of said proposition to the electors ; in case of relief 
of county or city treasurers by publication in two newspapers of 
opposite politics in said county or city for at least thirty (30) 
days next prior to the date upon which such election is to be 
held, and in case of relief of village or township treasurers 
twenty (20) days' notice of such election shall be given by 
posting notices thereof in five (5) public places within the 
village or township ; and in cases for the relief of school 
treasurers, ten (10) days' notice of such election shall be 
given by posting notices thereof in five (5) public places in 
the school district interested. (98 v. 120.) 

Comments.— The board of deputy state supervisors having 
received a copy of the journal entry must proceed as provided 
for in the above section. The particular thing required of 
them is that notice must be given to the electors of such dis- 
trict, and that such question will be voted upon at the next 
election. No particular wording is required for this notice, 
but it must be sufficient to advise the electors of the propo- 
sition they are going to vote upon. 

§262. [Ballots, how printed.] § 991c.) Sec. 3. The 
ballots for said election shall have printed thereon: ''Dis- 
charge of treasurer and sureties — yes." "Discharge of treas- 
urer and sureties — no." And shall have a place at the left 
of each proposition for the voter to mark according to law, 
the proposition he favors. (98 v. 120.) 



§ 263 GUIDE FOR OHIO SCHOOL OFFICERS. 294 

§263. [Entry of result of election.] Sec. 4. If a ma- 
jority of the votes cast upon such proposition at such election 
shall be in favor of the discharge of the said treasurer and 
his said sureties, the board of county commissioners in cases 
of county treasurers and the city or village council in eases 
of city or village treasurers, and the township trustees in cases 
of township treasurers, and boards of education in cases of 
school district treasurers, shall cause to be made an entry of 
the result of the election in the record book of proceedings 
of the council or board ordering such election and shall there- 
upon release and discharge said treasurer and his sureties on 
his official bond from all liability on account of such loss. But 
II a majority of the votes cast shall be against such discharge 
then entry of such result of such election shall be made in the 
record book of proceedings of the council or board ordering 
such election and no further action therein shall be taken by 
such council or board. (98 v. 120.) 

Procedure After Election. Appeal. 

Entry of Discharge. 

Procedure After Election. — After the election has been 
held, the deputy state supervisors, under whose authority the 
election was held, should certify to the trustees or the board 
of education the result of the election, and upon the receipt 
of such certificate the board should make an entry upon their 
journal of whatever final action should be taken thereon. If 
the election has been in favor of the discharge of such treas- 
urer and his sureties, then the trustees or board of education 
are bound to make an entry in accordance with such vote on 
their journal, and if they refuse so to do. I have no doubt 
they could be compelled by an action in mandamus. If the 
vote is to the contrary, an entry to that effect should be placed 
on the journal. It will be observed that a majority of the votes 
cast upon such proposition are sufficient to discharge the treas- 
urer and his sureties. It does not require a majority of all the 
votes of the township or district. This entry of discharge 
may be in the following form. 

Entry of Discharge. 

In the Matter of the Relief of A. B. and C. D. and E. F. on Treasurer's 
Bond: 
There having been filed with this board a certificate from the 

deputy state supervisors of elections of county, that at the 

general election held on the day of , a majority of the 



295 ANNUAL SETTLEMENT. § 264 

votes cast upon the proposition to relieve A. B., and C. D. and E. F., 
his sureties, from the loss that resulted to said A. B., as treasurer of 
this township, was in favor of the discharge of said A. B. and his 
said sureties. 

Wherefore, it is ordered that said A. B., and C. D. and E. F., his 
said sureties, shall be, and are hereby released and discharged from 
all loss and liability that occurred as set forth in his application here- 
tofore filed herein. 

Appeal. — In a previous section (260a) it is provided that 
any taxpayer within the district involved might, within five 
days after any finding of release or discharge has been made, 
take an appeal to the court of common pleas of the county. 
This appeal is limited to the question whether such public 
funds were lost by the fault or negligence of such treasurer 
only. All other questions seem to be within the final jurisdic- 
tion of the trustees or board of education, etc. Whether this 
appeal should be taken immediately after the finding has been 
made out, the question as to the fault or negligence of the treas- 
urer, or whether it should be made after the final order has been 
made, is not so clear, but as the statute provides that proceed- 
ings in appeal may be taken "within five days after any finding 
or release or discharge is made, ' ' and the final finding or entry 
of discharge can only be made after the question has been voted 
on. Therefore, it would seem clear that the right to appeal 
would exist five days after the final entry of discharge has 
been made. 

The statute plainly indicates the procedure that should be 
taken, and that question having been heard, the court would 
make its order accordingly. 

§ 264. [Annual settlement by treasurer with county auditor.] 

(§4044.) The treasurer shall, annually, within the first ten 
days of September, settle with the county auditor for the pre- 
ceding school year, and for that purpose shall make a certified 
statement showing the amount of money received, from whom, 
and on what account, and the amount paid out, and for what 
purpose ; he shall produce vouchers for all payments made ; 
if the auditor, on examination, find the statement and vouchers 
to be correct, he shall give the treasurer a certificate of the 
fact, which shall, prima facie, be a discharge of the treasurer 
for the money paid; and for making such settlement he shall 
be entitled to receive the sum of one dollar, and also five 
cents per mile for traveling to and from the county seat, to 
be paid out of the county treasury, on the order of the county 
auditor. When the treasurer's term begins on the first day 
of September the annual settlement shall be made by the out- 



§ 264 GUIDE FOR OHIO SCHOOL OFFICERS. 296 

going treasurer. (92 v. 58; 85 v. 192, 194; Rev. Stat. 1880; 
71 V. 9, § 47.) 



Form of Report of the Treasurer of .... Township, .... 
County, Ohio. 

To the County Auditor,, for the year ending August 31, 190 . . ; 

(To be made to the auditor on or before the 4th day of September.) 

RECEIPTS. 

Amount of school moneys received during the year from the following 
sources, viz.: 

Balance on hand September 1, 190 $ 

State tax 

Irreducible school funds 

Interest on rents on school land, section 16 

Local tax for school and school house purposes 

Amount received on sale of bonds 

Fines, licenses, tuition of non-resident pupils, and other mis- 
cellaneous sources 



Total receipts 

Whole amount paid teach- ( High $ ^Ttl 

ers in common schools | Primary .... $ \ ^ ^ • ■ ■ 

Amount paid for supervision, exclusive of teaching services. 

For sites and buildings 

Amount paid for interest on, or redemption of, bonds 

For fuel and other contingent expenses 

Total expenditures 

Balance on hand September 1, 190 

Amount of outstanding orders unpaid September 1, 190 

I certify the foregoing to be in all respects correct. 



Treasurer. 
Ohio, 

.., 190.. 



"The above report should cover only the moneys actually re- 
ceived and disbursed by the treasurer within the school year 
ending August 31. In case the school funds arising from the 
second semi-annual distribution of taxes are not received on or 
before August 31, such funds must be reported by the treasurer 
among the receipts of the following year. In case there were 
outstanding orders unpaid on the first of September, the 
amount of such orders should be added to the report, in order 
that it may show the entire expenses of the schools within the 
year, and thus correspond to the returns of the board of edu- 
cation. All claims upon the school fund for expenses incurred 
within the year should be settled and paid, if possible, previous 
to August 31. 

"By 'irreducible school funds' is meant all funds from the 
state, as interest on the Virginia military. United States mill- 



297 EMBEZZLEMENT OF MONEY. § § 265, 266 

tary, or Western Reserve school funds, and the rent of, or in- 
terest on the proceeds of the sale of 'section sixteen.' 

"All money paid by non-resident pupils for tuition in any 
school in the township, must be paid into the township treas- 
ury, to be disbursed on the clerk's order, and reported under 
the head of receipts. 

"The county auditor transfers all funds belonging to joint 
sub-districts directly to the township in which the school is lo- 
cated. 

"If it is evident to the county auditor that the school moneys 
have been illegally paid out, as they would be if paid to any 
member of a board of education on any contract with such 
board, or as an employee thereof, it is his duty to refuse the 
treasurer credit for the same. If moneys have been paid from 
the wrong fund, as from the school fund, when the law says it 
must be township fund, the auditor must not allow credit 
to such orders. He should insist on their correction by the 
board, or correct them himself by proper debit and credit. 

"No voucher should be received by the auditor which he has 
reason to believe a court of law would reject. No paper is a 
voucher for the payment of money to A, which has not A's re- 
ceipt on it, or accompanying it. An order properly made out, 
but merely marked 'paid' by the treasurer, is not a receipt." 
See section 4047 (§ 267.) 

§ 265, [Penalty for failure to make such settlement.] 

(§ 4045.) If the treasurer of any school district willfully or 
negligently fail to make such annual settlement within the 
time prescribed in the preceding section, he shall be liable to 
pay a fine of fifty dollars, to be recovered in a civil action 
in the name of the state ; which amount, when collected, shall 
be paid into the county treasury, and shall be applied to the 
use of common schools in his district; and the county auditor 
shall proceed forthwith, in case of such failure, to recover the 
penalty, by suit against such treasurer, before any justice of 
the peace of his county. (71 v. 9, § 47.) 

§266. [Embezzlement of public money.] (§6841.) Who- 
ever being charged with the collection, receipt, safe-keeping, 
transfer or disbursement of the public money or bequest, or 
any part thereof, belonging to the state, or to any county, 
township, municipal corporation, board of education, cemetery 
association or company in this state, converts to his own use, 
or to the use of any other person, body corporate, association 
or party whatever, in any way whatever, or uses by way of 



§ 266 GUIDE FOR OHIO SCHOOL OFFICERS. 298 

investment in any l\;ind of security, stock, loan, property, land 
or merchandise, or in any other manner or form whatever, or 
loans with or without interest to any company, corporation, 
association or individual, or, except as hereinafter provided, 
deposits with any company, corporation or individual any 
portion of the public money or any other funds, property, 
bonds, securities, assets or effects of any kind received, con- 
trolled or held by him for safe-keeping or in trust for a specific 
purpose, transfer or disbursement, or in any .other way or 
manner, or for any other purpose, shall be deemed guilty of 
embezzlement of so much of the money or other property 
thus converted, used, invested, loaned, deposited or paid out, 
and shall be imprisoned in the penitentiary not more than 
twenty-one years nor less than one year, and fined in double 
the amount of money or other property embezzled, which fine 
shall operate as a judgment at law on all of the estate of the 
party sentenced, and be enforced to collection by execution 
or other process for the use only of the owner of the property 
or eft'ects so embezzled, and such fine shall only be released 
or entered as satisfied by the party in interest as aforesaid. 

[Deposit with bank.] Provided, however, nothing in this 
act shall be so construed as to make it unlawful for the treas- 
urer of any township, municipal corporation, board of edu- 
cation or cemeterj^ association to deposit any portion of such 
public money with any person, firm, company or corporation 
organized and doing a banking business under the banking 
laws of the state of Ohio, or the banking laws of the United 
States. Provided, further, the deposit of any such funds in 
any such bank shall in no wise release any such treasurer 
from liability for any loss which may occur thereby. (91 v. 
338.) 

[Illegal loan will not prevent recovery.] Sec. 21. The state, 
any county, township, municipal corporation, or school board, 
shall not be precluded by the illegal loan or deposit by any 
officer or agent of public money, funds, property, bonds, se- 
curities, or assets, belonging to it, from suing for and recover- 
ing the same; and such suit shall not be held to be an adoption 
or satisfaction of such illegal transaction. (60 v. 64.) 

Embezzlement of school funds, penalty; see sections 6841 (§266), 
6846, R. S. 



299 MAXIMUM MAY HOLD. §§ 267-269 

What is prima facie evidence of embezzlement by public officers; 
see section 7299, R. S. 

Township trustees have no authority to release a treasurer 
from his liability for any portion of the school fund belonging 
to the township. (Monroe Township v. Williams, 13 0., 495.) 

In the absence of statute the state would have no right of 
recovery unless it had ratified an unauthorized loan. State 
V. Executor of Butler, 3 0. S., 309.) 

§ 267. [When treasurer may receive or pay money.] 

(§ 4047.) No treasurer of a school district shall pay out any 
school money except on an order signed by the president and 
countersigned by the clerk of the board of education; and 
no money shall be paid to the treasurer of a district, other 
than that received from the county treasurer, except upon 
the order of the clerk of the board, who shall report the 
amount of such miscellaneous receipts to the county auditor 
each year, immediately preceding such treasurer's settlement 
with the auditor. (97 v. 367.) 

A board of education has capacity to sue its treasurer for 
money received and not accounted for. The remedy is not 
limited to an action on the bond, but may be for money had 
and received. (Board of Education v. Milligan, 51 0. S., 115.) 

The treasurer should not pay an order for what he believes 
to be an illegal object, until he can consult with other members 
of the board, and have the question fully investigated. A 
man of discretion is supposed to be chosen to this, as to other 
offices, that the chances for discovering errors and fraud may 
be multiplied. (Com.) 

§ 268. [Maximum amount of funds which treasurer may 
hold.] (§ 4048.) The clerk of a board of education or the 
county auditor shall pay no money into the hands of the 
treasurer of a school district in excess of the amount of his 
bond, and should said clerk or auditor violate this provision, 
he and his bondsmen shall be liable for any loss occasioned 
thereby ; and before giving said treasurer any warrant or order 
for any school funds the auditor may require the treasurer to 
file with him a statement showing the amount of such funds 
in his possession, signed by the clerk of the board of education. 
(97 V. 369.) 

§ 269. [Treasurer to deliver money, etc., to successor.] 

(§ 4049.) At the expiration of his term of service each treas- 



§ 270 GUIDE FOR OHIO SCHOOL OFFICERS. 300 

urer shall deliver to his successor in office all books, papers, 
money, and other property in his hands belonging to the 
district, and take duplicate receipts of his successor therefor, 
one of which he shall deposit with the clerk of the board of 
education within three days thereafter. (97 v. 334; 85 v. 192, 
194; Rev. Stat. 1880; 71 v. 9, § 47; 97 v. 334.) 

Clerk. — Formerly in township school organizations, the 
township clerk was ex officio clerk of board of education. The 
new school code, however, provides that in all instances the 
board of education elects its own clerk and it is generally 
provided that the clerk may be either a member of the board 
or an outsider. See § 3897 (§ 12) for clerk of city district, 
and see § 3920 (§ 34) for township district, and § 3933 
(§ 48), special districts, and reference is made to these sev- 
eral provisions and the notes thereunder for various matters 
concerning the clerk, also the following are special provisions 
giving various duties to the clerk: To certify transfer of 
territory, section 3893 (§ 8) ; to give notice of election, section 
3909 (§ 29) ; township not entitled to vote, section 3915 (§ 32) ; 
process served on, how, section 3976 (§ 84) ; absence from meet- 
ing, section 3983 (§ 90) ; record of proceeding, how kept, sec- 
tion 3984 (§ 91) ; shall draw order for pay of teacher, section 
4018 (§ 208) ; shall prosecute for non-attendance of children, 
section 4025 (§ 831) ; must furnish auditor statement of funds 
in treasurer's hands, etc., section 4048 (§ 268). 

Such clerk is a public officer, and as he is elected biennially 
he serves for two years. State v. Coon, 26 C. C, 243. 

§270. [Bond of clerk.] (§4050.) The clerk of each board 
of education shall execute a bond, in an amount and with 
surety to be approved by the board, payable to the state of 
Ohio, conditioned that he shall perform faithfully all the 
official duties required of him; which bond shall be deposited 
with the president of the board, and a copy thereof, certified 
by the president of the board, shall be filed with the county 
auditor. (70 v. 195, § 45.) 

Form of Township Clerk's Bond. 

Know All Men by These Presents: 

That we, , are held and firmly bound unto the state 

of Ohio, in the sum of dollars, for the payment whereof we 

jointly and severally bind ourselves. 

Signed and sealed by us this day of , A. D. nineteen 

hundred and 

The condition of the above obligation is such that, whereas, the 



301 clerk's duties. § 301 

said lias been duly elected and qualified as clerk of board of 

education of , township, county, and state of Ohio, 

for the term of two , from the day of April, A. D. 190. ., 

and until his successor is chosen and qualified, and is therefore clerk 
of the board of education of the township district of said township. 

Now, if the said shall perform faithfully all the ofiicial du- 
ties required of him as clerk of said board, then this obligation will 
be void; otherwise it will remain in full force. 



The sureties on the above bond, and its amount, approved by said 
board this day of , A. D. 190 . . 



President of said Board. 
Clerk of said Board. 



Oath of Clerk. 

TTie State of Ohio, County, Township, ss.: 

Before me, , clerk of said township, personally came , 

who being duly sworn according to law, says that he will support the 
Constitution of the United States and the Constitution of the state of 
Ohio; and that he will faithfully discharge his duties as clerk of the 

board of education of the township district of township, 

county, Ohio, during his term of office, and until his successor is chosen 
and qualified. 



Sworn to before me and signed in my presence, on this day 

of , A. D. 190.. 



The clerk can not qualify until he has given a bond. (State 
V. Cave, 26 C. C, 303.) 

Township clerk can administer oaths connected with school 
affairs. (1505 R. S.) 

§271. [When ord«rs of clerk for teachers' pay illegal.] 

(§4051.) It sahll be unlawful for the clerk of a board to 
draw an order on the treasurer for the payment of a teacher 
for services until the teacher files with him such reports as 
are required by the state commissioner of common schools 
and the board of education, a legal certificate of qualification, 
or a true copy thereof, covering the entire time of the serv- 
ice, and a statement of the branches taught; but orders may 
be drawn for the payment of special teachers of drawing, 
painting, penmanship, music, gymnastics, or a foreign lan- 
guage, on presentation of a certificate to the clerk, signed by 
a majority of the examiners, and the filing with him of a 
true copy thereof, covering the time for which a special teacher 
has been employed, and the specialty taught. (70 v. 195, 
§§ 53, 94.) 



§ 2 1 1 GUIDE FOR OHIO SCHOOL OFFICERS. 302 

Comments. — "If an order is drawn for the illegal pay- 
ment of a teacher, the remedy of the board is a writ of in- 
junction. 

"Each of these three documents must be carefully filed by 
the clerk and handed over to his successor in office. 

"Persons who are to teach subjects not on the list of studies 
enumerated in the statute, must have a certificate covering all 
such branches. Not only the teacher, but each member of the 
board of education, is severally liable for the repayment of 
money paid under their vote and order, to a teacher who does 
not hold a certificate covering" each and every branch taught. 

"An assistant teacher who has not a legal certificate cannot 
be paid through an order drawn in favor of another teacher, 
who had a certificate, nor can any uncertificated teacher, who is 
employed as a substitute, receive pay through another teacher. 
Section 4074 (§ 295) provides that ' no person shall be em- 
ployed as a teacher' who has not a legal certificate. It is the 
duty of the township clerk to refuse to draw an order for the 
payment of money from the school fund when he has satis- 
factory evidence that any portion of such money is to be 
used for the payment of a teacher not holding a legal cer- 
tificate. A legal certificate must cover the entire time of the 
teacher's service; must specify all the branches taught, and 
can neither directly nor indirectly be made to legalize another 
teacher's service. 

"But the mere fact that teachers under a superintendent 
are required to teach branches that the superintendent has 
no certificate for will not deprive the superintendent of his 
pay. State v. Moser, 12 C. C, 249, 4 C. L. C. 557. 

"An order drawn by the clerk of the board of education, un- 
der the statute, in favor of a third person or bearer, on the 
township treasurer, is not negotiable, and a purchaser takes 
such order subject to the same defenses that could be made 
against it in the hands of the payee. (The State ex rel. Stein- 
beck et al. V. Treasurer of Liberty Township, 22 0. S., 144.) 

"The written acceptance of such order by the predecessor 
of the township treasurer, to whom it was presented for pay- 
ment, imposes no greater obligation on the latter to pay the 
same, than he would have been under had it been presented 
without such acceptance. 

"If an order has been illegally issued, the board of educa- 
tion should recall it, and in case of refusal to return, they 
should enter a suit in equity to recover it or have it canceled. 

"The term 'entire time of service,' as used in this section, 
refers to the time of service covered by the order to be drawn, 
not to the entire time of employment. 

"If a school treasurer, indorses an acceptance of an order 
drawn on him, he is obliged thereby to retain proper funds to 



303 



OFFICIAL ORDER. 



§271 



meet it. But this even is not permissible, unless the order 
itself is unimpeachable." (50 Mo., 425.) 

Order on the Treasurer. 

(Form prescribed by Bureau of Inspection and Supervision of Public 

Offices.) 




No 

Office of Board of Education School District. 

; , Ohio, , 190.. 

THE TREASURER OF SAID SCHOOL DISTRICT 

Will Pay to 

DOLLARS. 

out of Fund in the Treasury. 

For 

By Order of the Board of Education. 




Order on Treasurer When School Funds are in a Depository. 

(Form prescribed by Bureau of Inspection and Supervision of Public 

Offices. ) 



INo. 



Office of Board of Education .... School District. 
; , Ohio, 190.. 

THE TREASURER OF SAID SCHOOL DISTRICT 

Will Pay to 

DOLLARS. 

out of Fund in the Treasury. 



For 



By Order of the Board of Education. 

, President , Clerk. 

Payable at Bank, - Ohio. 

, Treasurer. 



§§ 272-275 GUIDE FOR OHIO SCHOOL OFFICERS, 304 

§ 272. [Annual statistical report of the board of education; 
by whom prepared.] (§ 4052.) The clerk of each board shall 
prepare the annual report of the receipts and expenditures 
of school money, and the statistical statement in reference 
to the schools, required of the board by section forty hundred 
and fifty-seven (§ 277) of the Kevised Statutes of Ohio, and 
transmit the same to the county auditor on or before the first 
day of September; provided, that in each school district hav- 
ing a superintendent of schools, the annual report, except the 
receipts and expenditures of money, shall be made by the 
superintendent. (Passed and approved April 25, 1904.) 97 v. 
368. 

Penalty for not making report, see Sec. 4061, 4062 (§§ 281, 282). 

The board of education should see that the reports required 
by this section are filed before allowing compensation to the 
clerk for his services. 

§ 273. [Publication of receipts and disbursements by clerk.] 

(§ 4053.) The board of education of each district, except city 
districts, shall require the clerk of the board annually, ten 
days prior to the election for members of the board of edu- 
cation, to prepare and post at the place or places of holding 
such elections, or publish in some newspaper of general cir- 
culation in the district, an itemized statement of all money 
received and disbursed by the treasurer of the board within 
the school year last preceding. (97 v. 368.) 

§ 274. [Clerk to deliver books, etc., to successor.] (§ 40"54.) 
Each clerk shall, at the expiration of his term of office, deliver 
to his successor all books and papers in his hands relating 
to the afi^airs of his district, including certificates, and copies 
thereof, and reports of school districts, filed by teachers. (70 
V. 195, § 84.) 

§ 275. [How treasurer and clerk to keep accounts.] 

(§ 4055.) The auditor of each county shall furnish to the 
clerk and treasurer of each school district in his county a 
suitable blank book, made according to the form prescribed 
by the bureau of inspection and supervision of public offices, 
in which each shall keep an account of the school funds of his 
district; the clerk's account shall show the amounts certified 



305 COMPENSATION — CLERK AND TREASURER. § 276 

by the county auditor to be due the district, all sums paid to 
the treasurer from other sources on his order, and all orders 
drawn by him on the treasurer, and upon what funds and for 
what purposes drawn; the treasurer's accounts shall show the 
amounts received from the county treasurer, all sums received 
from other sources on the order of the clerk, and the amounts 
paid out, and from what funds and for what purposes paid; 
and a separate account of each fund shall be kept, and each 
account shall be balanced at the close of the school year, and 
the balance in the treasurer's hands belonging to each fund 
shown. (97 v. 368.) 

The clerk of the board has no right to receive and become 
the custodian of tuition funds, even though so directed by 
the board. (State v. Griffith, 74 0. S., 80.) 

§276. [Compensation of treasurer and clerk.] (§4056.) 
The board of education of each school district shall fix the 
compensation of its clerk and treasurer, which shall be paid 
from the contingent fund of the district; if the clerk and 
treasurer are paid annually the order for the payment of 
their salaries shall not be drawn until said clerk and treasurer 
shall present to the board of education a certilicatef»from the 
county auditor stating that all reports required by law have 
been filed in his office ; if the clerk and treasurer are paid 
semi-annually, quarterly, or monthly, the last payment on 
their salaries previous to August 31, shall not be made until 
all reports required by law have been filed with the county 
auditor and his certificate presented to the board of education 
as required herein. (77 v. 368.) 

The officers of a school board or municipal corporation are 
not such officers within the meaning of the Constitution, that 
their salaries cannot be increased or diminished during their 
term of office ; but the change could not be retroactive. (Ferry 
V. Board of Ed., 21 C. C, 785.) 



277, 278 , GUIDE FOE OHIO SCHOOL OFFICERS. 



306 



CHAPTER 11. 
REPORTS. 



Section. 

§ 277 (4057) 



§278 (4058) 
§ 279 (4059) 



§ 280 (4060) 



Annual report by 
boarH of educa- 
tion; its contents. 

In what form to be 
made, etc. 

Reports by superin- 
tendents and 
teachers. 

Duties of county 
auditor as co 
school statistics, 
etc. 



Section. 

§ 281 (4061) 

§ 282 (4062) 



§ 283 (4063) 
§284 (4064) 



Penalties against 

auditor and clerk. 
When auditor to 

appoint person to 

make report. 
Further penalties 

against auditor. 
Compensation o f 

auditor. 



§ 277. [Annual report of board of education; its contents.] 

(§4057.) The board of education of each district shall make 
a report to the county auditor, on or before the first day of 
September in each year, containing a statement of the re- 
ceipts and expenditures of the board, the number of schools 
sustained, the length of time such schools were sustained, the 
enrollment of pupils, the average monthly enrollment, and 
average daily attendance, the number of teachers employed, 
and their salaries, the number of school houses and school 
rooms, and such other items as the commissioner of common 
schools may require. (1888, April 11; 85 v. 192, 195; Rev. 
Stat. 1880: 70 v. 195, § 75; S. & C, 1353.) 

§ 278. [In what form to be made, etc.] (§ 4058.) The re- 
port shall be made on blanks which shall be furnished by the 
commissioner of common schools to the auditor of each county, 
and by the auditor to each school clerk in his county; and 
each board of education, or officer or employe thereof, or 
other school officer in any district or county, shall, whenever 
the commissioner so requires, report to him direct, upon such 
blanks as he shall furnish, any statements or items of infor- 
mation that he may deem important or necessary. (70 v. 195, 
§75.) 



307 EEPORTS OF TEACHERS. S 279 

§279. [Reports by superintendents and teachers.] 

(§4059.) Boards of edu.cation shall require all teachers and 
superintendents to keep the school records in such manner that 
they may be enabled to report annually to the county auditor 
and state commissioner of common schools, as required by the 
provisions of this title and shall withhold the pay of such 
teachers and superintendents as fail to file the reports required 
of them; the records of each school shall, in addition to all 
other requirements, be so kept as to exhibit the names of all 
pupils enrolled therein, the studies pursued, shall indicate the 
character of the work done, the standing of each pupil, and 
shall be as near uniform throughout the state as may be prac- 
ticable ; said boards may requre superintendents and teachers 
to report such matters as they deem important or necessary 
for information in regard to the management and conduct of 
the schools and to make such suggestions and recommenda- 
tions as they can deem advisable relative to methods of in- 
struction, school management, or other matters of educational 
interest; and the board of education of each city district 
shall prepare and publish annually a report of the condition 
and administration of the schools under its charge, and in- 
clude therein a complete exhibit of the financial affairs of the 
district. (97 v. 334.) 

Boards of education have power to supply themselves with 
all blank books, order books and stationery necessary for the 
transaction of their official business, and also to supply teachers 
with registers and necessary stationery. 

Every teacher should keep a daily record of the attendance 
of each pupil enrolled in his school, and for this purpose should 
be supplied by township or other district board with a suitable 
school register. 

Every teacher should record in permanent form the scholar- 
skip of each pupil, including in the record, as left at the end of 
each term, the point in each text-book reached by the pupil. 
In the rural schools, at least, it is better that the same register 
which is used for recording attendance, be used to record the 
standing of the pupils also for each term as a matter of great 
convenience to the incoming teacher. These registers should 
be returned each term to the clerk of the board of education, 
and it would be well if all boards would adopt the rule that 
no order should be issued to a teacher for his final payment 
until such deposits had been made. It would also be well if 
the teachers in rural districts were required to send to the 



§§ 280-282 GUIDE FOR OHIO SCHOOL OFFICERS, 308 

clerk, for the information of the board, a statement as to the 
advanced classes of the school, the points they have reached in 
their studies, and whether these advanced pupils intend to 
prosecute their studies further, in order that boards may in- 
telligently provide instruction for such pupils. 

§ 280. [Duties of county auditor as to school statistics, etc.] 
(§4060.) The auditor of each county shall, on or before the 
twentieth day of September, annually, prepare, and transmit 
to the commissioner of common schools an abstract of all 
the returns of school statistics made to him from the several 
districts in his county, according to the form prescribed by 
the commissioner, and a statement of the condition of the 
institute fund, and such other facts relating to schools and 
school funds as the commissioner may require; he shall also 
cause to be distributed all such circulars, blanks and other 
papers, including school laws and documents, in the several 
school districts in the county, as the commissioner may law- 
fully require ; and if the auditor neglect to prepare and return 
any of the abstracts or reports herein required the county 
commissioners shall withhold from him all compensation for 
his services under this title. (1888, April 11; 85 v. 192, 195; 
Rev. Stat. 1880; 70 v. 195, § 123; S. S., 705.) 

§281. [Penalties against auditor and clerk.] (§4061.) 
The auditor shall also be liable on his bond for any such neg- 
lect, in a sum not less than three hundred nor more than one 
thousand dollars, on complaint of the commissioner of com- 
mon schools; and if the clerk of the board of education of 
any district fail to make the annual returns of school statistics 
required bj^ this title, to the county auditor, he shall be liable 
on his bond in a sum not less than fifty nor more than three 
hundred dollars, on complaint of the county auditor, or of 
the board of education, to be recovered in a civil action in the 
name of the state, and when collected to be paid into the 
county treasury, and applied to the use of common schools 
in such district. (70 v. 195, § 123; S. & S., 706.) 

§ 282. [When auditor to appoint person to make report.] 

(§ 4062.) Upon the neglect or failure of the clerk of the 
board of education of any district to make the reports required 
in this title, and by the time specified, the county auditor shall 



309 REPORTS OF TEACHERS. §§283,284 

appoint some suitable person, resident of the district, to make 
such reports, who shall receive the same compensation therefor, 
and in the same manner, as is allowed by laws for like serv- 
ices. (70 V. 195, § 123; S. & S., 706.) 

§ 283. [Further penalties against auditor.] (§ 4063.) A 
county auditor who willfullj^ or negligently fails, in any year, 
to transmit to the commissioner of common schools the ab- 
stract of enumeration required by section forty hundred and 
thirty-nine (§ 253), or to perform any other duty required to 
him under this title, shall be liable on his bond to the extent 
of twice the sum lost to the school districts of his county in 
consequence of such failure, which sum shall be recovered in 
a civil action against him, on his bond, in the name of the 
state, before any court of competent jurisdiction; and the 
money so recovered shall be paid into the county treasury, 
for the benefit of such districts, and apportioned in the same 
manner as the school funds so lost would have been appor- 
tioned. (70 V. 195, §§ 81, 124.) 

§284. [Compensation of auditor.] (§4064). The commis- 
sioners of each county shall allow the county auditor, annually, 
a reasonable compejisation for his services under this title, not 
to exceed five dollars for each city, village, special, and town- 
ship school district in his county to be paid out of the county 
treasury; but before such allowance shall be made for any 
year the auditor shall present to the commissioners a state- 
ment, officially certified and signed by the commissioner of 
common schools, that he has transmitted to the commissioner 
all reports and returns of statistics for that year required by 
this title. (70 v. 195, § 125.) 



GUIDE FOR OHIO SCHOOL OFFICERS. 



310 



CHAPTER 12. 
BOARDS OF EXAMINERS. 



Section. 

§285 (4065) 



§ 286 (4066) 

§ 287 (4067) 
§ 288 (4068) 

§289 (4069) 

§290 (4070) 

§ 291 (4071) 
§ 292 (4071a) 



§ 293 (4072) 
§ 294 (4073) 



§295 (4074) 



§296 (4075) 



State board; their 
a p p o i n tment; 
terms; vacancies. 

Power to issue 
three grades of 
life certificates; 
record thereof. 

Effect thereof; may 
be revoked for 
cause. 

Examination fees, 
their disposition; 
compensation o f 
members; station- 
ery. 

County boards; ap- 
pointment, term, 
and vacancies; re- 
movals; notice of 
appointments; dis- 
qualifications. 

Organizat ion of 
county boards of 
e X a m i n ers ; re- 
ports of clerk; 
compensation of 
clerk. 

Meetings for exam- 
inations ; major- 
ity's power; exam- 
ination fee. 

Uniform system of 
e x a m i n a t ions; 
preparation and 
distribution of ex- 
amination ques- 
tions. 

Disposition of fees. 

Granting r e n e w al 
and revocation of 
certificates; age 
limit; hearing on 
revocation of cer- 
tificates; expenses. 

Certificates of dif- 
ferent grades; pre- 
requisites to em- 
ployment; branch- 
es of study; value 
of life certificates. 

Compensation and 
expenses of board. 



Section. 
§297 (4076) 



§ 298 (4077) 



§ 299 (4078) 



§ 300 (4079) 

§ 301 (4080) 
§ 302 (4081) 



§ 303 (4082) 

§ 304 (4083) 
§ 305 (4084) 

§306 (4085) 



Annual report of 
clerk, and h i s 
bond. 

Boards of examin- 
ers in city dis- 
trict; appointment 
and removal; fill- 
ing of vacancies; 
village boards of 
examiners a b o 1 - 
ished. 

Standard of quali- 
fications for 
teachers ; examin- 
ation of schools; 
law governing 
board in examin- 
ing teachers; spe- 
cial examiners; 
their oath; duty 
of school superin- 
tendents. 

O r g a n i z a tion of 
board; bond of 
clerk. 

Meetings for exam- 
inations; notice. 

Granting, renewal 
and revocation of 
certificates; age 
limit; hearing on 
revocation of cer- 
tificate. 

Nature of certifi- 
cates to be grant- 
ed; branches of 
study. 

Compensation o f 
examiners; inci- 
dental expenses. 

Records and re- 
ports; duties of 
the clerk; disposi- 
tion of fees. 

Applicants who fail 
may appeal to the 
state commission- 
er of common 
schools; method of 
procedure. 



311 STATE BOARD OF EXAMINERS. §§ 285, 286 

STATE BOARD OF EXAMINERS. 

§285. [State board; appointment; term; vacancies.] 

(§ 4065.) There shall be a state board of examiners, which 
shall consist of five competent persons, resident of the state, 
to be appointed by the state commissioner of common schools; 
not more than three of whom shall belong to he same politi- 
oal party. The term of office of such examiners shall be five 
years; he term of one of the examiners shall expire on the 
31st day of August, each year, [and when one of which shall 
expire on the 31st of August every year] , and when a vacancy 
occurs in the board, whether from expiration of the term of 
office, refusal to serve, or other cause, the commissioner shall 
fill the same by appointment for the full or unexpired term, 
as the case demands. (85 v. 330; 81 v. 95; Rev. Stat, 1880; 70 
V. 195, § 85; S. & S., 709.) 

§ 286, [Power to issue three grades of life certificates; re- 
cord thereof.] (§4066.) The board thus constituted may 
issue three grades of life certificates to such as are found to 
possess the requisite scholarship, and who exhibit satisfactory 
evidence of good moral character and of professional experi- 
ence and ability ; the certificate shall be for different grades 
of schools according to branches taught, and shall be valid 
in the schools specified therein. The clerk of the board shall 
keep a record of the proceedings, showing the number, date 
and grade of each certificate, to whom granted, and for what 
branches of study, and shall report such statistics to the com- 
missioner, annually, on or before the 31st day of August. (85 
V. 330; 78 V. 39; Rev. Stat., 1880; 70 v. 195, § 86; S. & S., 709.) 

Discretion op Board to Grant Certificate. — The statute 
seems to leave it within the sole discretionary power of the 
board of state examiners to issue or withhold a certificate, and 
the courts will not interfere with the exercise of this discretion 
and therefore if the state board refuses to grant a certificate the 
applicant has no further remedy except to appear again for 
examination. As this board is directly under the control of 
the state commissioner of the common schools, the legislature 
has, no doubt, deemed that it could very well entrust this 
discretionary power with such board. If the board, however, 
for a malicious purpose, refuse to grant the certificate, the ap- 
plicant might recover damages in a suit in a court of law. 



§§ 287-289 GUIDE FOR OHIO SCHOOL OFFICERS. 312 

§287. [Effect thereof; may be revoked for cause.] 
(§ 4067.) All certificates issued by such board shall be count- 
ersigned by the commissioner of common schools; and such 
certificates shall supersede the necessity of any and all other 
examinations of the persons holding them, by any board of 
examiners, and shall be valid in any school district in the state, 
unless revoked by the state board for good cause. (70 v. 195, 
§ 87; S. & S., 709.) 

Revocation of State Certificate. — The statute gives the right 
of the state board of examiners to revoke for good cause, and 
what may constitute good cause seems to be left very largely 
in the discretion of the state board, and this follows, no doubt, 
from the fact that the board has a discretionary power to 
grant, and therefore ought to have the same right to revoke. 
There would be no doubt but what any of the causes which 
would justify a county board of examiners in revoking a 
county certificate would be held a good cause within the mean- 
ing of the above section. See section 4073 (§ 294) as to re- 
vocation of county certificates. There is no procedure adopted 
or suggested by the statutes whereby the applicant is entitled 
to a hearing upon such revocation, but in all fairness to the 
applicant, it might be well for the board to proceed in the 
same manner as county examiners proceed in revocation of a 
county certificate. 

§288. [Examination fees; their disposition; compensation 
of members; stationery.] (§4068.) Each applicant for a 
certificate shall pay to the board of examiners a fee of five 
dollars; and the clerk of the board shall pay to the state 
treasurer, all fees received, and file with the state auditor a 
written statement of the amount. Each member of the board 
shall be entitled to receive five dollars for each day he is 
necessarily engaged in official service, and also six cents per 
mile each way for traveling from and to his place of residence, 
by the most direct route of public travel to and from the 
places of meetings of the board, tp be paid out of the state 
treasury on the order of the state auditor; all books, blanks 
and stationery required by the board shall be furnished by the 
secretary of state. (1888, April 16; 85 v. 330; 82 v. 100; Rev. 
Stat, 1880; 70 v. 195, § 88; S. & S., 709.) 

§289. [County boards; appointment, term, and vacancies; 
removals; notice of appointment; disqualifications.] (§4069.) 



313 COUNTY EXAMINER. § 289 

There shall be a county board of school examiners for each 
county, which shall consist of three competent persons to be 
appointed by the probate judge. Two of such persons shall 
have had at least two years' experience as teachers or super- 
intendents, and shall have been within five years, actual teach- 
ers in the public schools. Each person so appointed shall be 
a legal resident of the county for which he is appointed, and, 
should he remove from the county during his term, his office 
shall be thereby vacated and his successor be appointed. No 
examiner shall teach in, be connected with, or be financially in- 
terested in any school which is not supported wholly or in part 
by the state, or be employed as an instructor in any teachers' 
institute in his own county ; nor shall any person be appointed 
to the position, or exercise the office of examiner who is agent 
of or is financially interested in any book publishing or book- 
selling firm, company or business, or in any educational jour- 
nal or magazine. If an examiner becomes connected with or 
interested in any school not under state control, or is em- 
ployed in any such institute in his own county, or becomes an 
agent of or interested in any book company or journal, or 
fails to hold the necessary teacher's certificate, or removes from 
the county, the probate judge shall forthwith, upon being ap- 
prised of such fact, remove such examiner and appoint his 
successor. The term of office of such examiner shall be three 
years. The term of one of the examiners shall expire on the 
thirty-first day of August, each year; but the probate judge 
shall revoke the appointment of any examiner, upon satisfac- 
tory proof that he is inefficient, intemperate, negligent, guilty 
of immoral conduct, or that he is using his office for personal 
or private gain. When a vacancy occurs in the board, whether 
from expiration of the term of office, refusal to serve, or other 
cause, the probate judge shall promptly fill the same by ap- 
pointment for the full or unexpired term, and said judge shall, 
within ten days, report the same to the state commissioner 
of common schools, together with the names of the other mem- 
bers of the board and the date of the expiration of their sev- 
eral terms of office. The members of county boards of ex- 
aminers, as now constituted, shall serve for the full term for 
which they were appointed unless removed for cause as pro- 



§ 289 GUIDE FOR OHIO SCHOOL OFFICERS, 314 

vided for in section forty hundred and sixty-nine (§ 289) as it 
existed previous to this enactment. (97 v. 369,) 

Appointment and Qualifica- Discretionary Power to Re- 

tions of Examiner. voke. 

Eevoeation of Certificate. Eligibility — Oath of Office. 

Form of Oath. 

Appointment and Qualification of Examiner. — The probate 
judge is invested with absolute discretionary power in his se- 
lection of the persons who shall constitute the county board of 
school examiners. The statute, however, places some restric- 
tions and qualifications as to what may constitute a competent 
person for such a position and the first is that "two members of 
the board shall have had at least two years' experience as teach- 
ers or superintendents and shall have been within five years 
actual teachers in the public schools," and second, that the 
examiner shall be a resident of the county. In addition to 
these two statutory qualifications no one ought to be appoint- 
ed an examiner who is then in such a condition that even if 
he were appointed, there would be good cause for his removal. 
It might be well to say that the school examiner should not 
only possess the educational requirements, but that his char- 
acter and reputation in all moral matters should be of the 
highest, for unless he possesses these qualifications he can not 
with absolute impartiality pass upon the qualifications of those 
under him, for the very important position of school teacher. 

Revocation of Authority. — The statute gives several grounds 
which disqualify a person from being a school examiner and 
justify his removal. First. That he shall not teach in or be con- 
nected with, or be financially interested in any school which is 
not supported wholly or in part by the state, or be employed as 
as instructor in any teachers' institute in his own county. 
By this provision the legislature has intended to keep the 
examiner free to pass upon the merits of all applicants and 
prevent him from establishing a school and by reason of his 
being examiner, getting pupils and teachers to attend his 
school, under the possible accusation of exercising a partiality 
in their favor. It is very broad, and will not allow him 
to be connected with any other than the public schools. 
Nor will it even allow him to be an instructor in a teachers' 
institute in his ow^n county. The second ground for removal 
would be for the examiner to become the agent or financially 
interested in any book publishing or book or magazine house 
or firm. This, likewise, is very broad, and it would not be eon- 
fined to the limits of his own county. Under this provision he 
would be subject to removal if he became the agent anywhere 
else of anv such book concern or financially interested in it, no 



315 REMOVAL OF EXAMINER. § '289 

matter where located. There might be some question whether 
it is made to include anything other than firms engaged in pub- 
lishing school books, etc., but it seems that the language is 
broad enough to embrace all companies engaged in any kind 
of book business. While the selling of miscellaneous books 
might not directly interfere with the examiner in the proper 
discharge of his duties, yet the examiner might by his posi- 
tion impose on applicants in soliciting them for the pur- 
chase of such books, etc. The third ground for revocation of 
the certificate is the removal of the examiner from the county. 
Outside of these three grounds, the probate judge shall revoke 
such appointment when he becomes convinced of satisfactory 
proof that the examiner is inefficient, intemperate, negligent, 
guilty of immoral conduct, or that he is using his office for per- 
sonal or private gain. 

Discretionary Power to Revoke. — The statute makes it man- 
datory upon the probate judge to remove the examiner if 
satisfactory proof is given of the existence of any of the above 
causes. No mode of procedure is suggested by the statute, 
nor what statutory proof is required, and it seems to me that 
these matters are left entirely in the discretion of the probate 
judge, and unless it can be shown that the judge acted mali- 
ciously and without cause, a higher court would not interfere 
with the exercise of this discretion. Certainly, what would 
be a good cause for the revocation of the teacher's certificate, 
would be good cause for the revocation of the commission of 
the examiner. 

EiJGiBiLiTY — Oath op Office. — ^While the position of the 
school examiner is not an office within the meaning of the 
constitutional provision, "that any person shall be elected or 
appointed to any office in this state unless he has the qualifi- 
cations of an elector," yet it is such an office within the 
meaning of the Constitution that would require the incumbent 
to take an oath to support the Constitution of the United 
States, of this state as well, as that he would faithfully and 
impartially discharge the duties pertaining to his position. 
Therefore, every examiner should, before he enters upon the 
discharge of his position, take an oath of office. The position 
being such that the incumbent need not possess the qualifica- 
tions of an elector, women may be appointed to be school 
examiners. 

The oath of office may be in the following form: 

Form of Oath. 

T, A. B., do solemnly swear that I will support the Constitution of 
the United States and the Constitution of the state of Ohio, and will 
faithfully and impartially discharge the duties of school examiner 

in and for the county of , state of Ohio, during the time that I 

may be an incumbent of said office. 



§ 2^0 GUIDE FOR OHIO SCHOOL OFFICERS. 316 

§ 290. [Organization of county boards of examiners; reports 
of clerk; compensation of clerk.] (§4070.) The board of 
county school examiners shall, annually, in the month of 
September, organize by choosing from its members a president, 
a vice-president, and a clerk; the president shall preside at 
all the meetings of the board, and in his absence the vice- 
president shall preside; the clerk shall keep a full and accu- 
rate record of the proceedings of the board, showing the 
number and date and character of each certificate issued, and 
to whom, for what term, and for what branches of study, and 
such other statistics relating to the examination and the pro- 
ceedings of the board as the state commissioner of common 
schools may require, and in the form and manner he may 
require, and shall make a report of all such items annually 
on or before the first day of September ; the clerk shall receive 
for his services as clerk four dollars for each examination of 
sixty applicants or less, six dollars for each examination of 
more than sixty applicants and less than one hundred, eight 
dollars for each examination of one hundred applicants or 
more, to be paid out of the county treasury on the order of 
the county auditor, but no order shall be drawn for the month 
of August until the clerk produce a receipt from the state 
commissioner of common schools that he has filed all the re- 
ports for the year required by said commissioner. The board 
shall make all needful rules and regulations for the proper 
discharge of its duties and the conduct of its work, subject 
to statutory provisions and the approval of the state com- 
missioner of common schools. (97 v. 370.) 

Powers and Duties of Board. — The powers of the board of 
examiners are strictly laid out by statute. They constitute, no 
doubt, the lowest form of a quasi corporation. They would 
have no power to bind any other body or person with any acts 
that they might do, except within the powers given to them. 
For all wrongful acts, if responsible at all, they would be 
individually so held. Where matters are of a discretionary 
character they would not be liable unless they maliciously 
committed the wrong. However, for acts of a ministerial 
character, if performed in such a way that another suifered 
damage therefrom, they would be liable, and if such acts were 
performed by them as a board they would be joint tort-feazors. 
The board in all its acts should observe the ordinary rules 
applicable to organizations consisting of several persons, creat- 



317 MEETINGS OF COUNTY EXAMINERS. §§291,292 

ed by law, in order to give legality to any matter properly 
coming before them. The individual acts of a member would 
not be the acts of the board. The statute specifically provides 
for the board's organization and its proper officers and that 
a record of its proceedings should be had. The ordinary 
parliamentary rules would govern the action of such a body, 
and before any act can be legally done it would require the 
affirmative action of a majority of such a board. 

§291. [Meetings for examinations; majority's power; ex- 
amination fee.] (§4071.) Each board shall hold public meet- 
ings for the examination of applicants for county teachers' 
certificates on the first Saturday of every month of the year, 
unless Saturday should fall on a legal holiday, in which ease, 
said examination shall be held on the succeeding Saturday, 
at such place or places, within the county as will, in the 
opinion of the board, best accommodate the greatest number 
of applicants, notice of which shall be published in two weekly 
newspapers of different politics printed in the county, if there 
are two papers thus published, if not, then a publication in 
one only is required. In no case shall the board hold any 
private examination or antedate any certificate. A majority 
of the board may examine applicants and grant certificates ; 
and as a condition of any applicant being admitted to take 
the examination, each such applicant shall pay to the board for 
the use of the county institute a fee of fifty cents. (97 v. 371.) 

Because a majority of the board may do business, etc., does 
not mean that it shall be done otherwise than in the regular 
way that a body composed of several individuals should trans- 
act business (see §89). 

A certificate issued by a board of examiners in one county 
is not valid in the other counties of the state. 

An official trust can not be delegated. See III Central Law 
Journal, p. 472. The board has no authority, therefore, to 
appoint a substitute to perform the duties of any of its mem- 
bers. A certificate depending on the signature of such substi- 
tute for its validity is worthless. As all citizens are bound 
to know the law, so candidates and school authorities are 
bound to know who are legal, or, at least, de facto public 
officers. (Com.) 

§292. [Uniform system of examinations.] (§ 4071a.) Af- 
ter the first day of September, 1904, the questions for all 
county teachers' examinations, throughout the state, shall be 



§§293,294 GUIDE FOR OHIO SCHOOL OFFICERS. 318 

prepared and printed under the direction of the state com- 
missioner of common schools, and a sufficient number of lists 
shall be sent, under seal, to the clerks of the said boards of 
examiners not less than five days before each examination, 
said seal to be broken at the time of the examination at which 
they are to be used, and in the presence of the applicants and 
a majority of the members of the examining board. 

[Penalty for publishing or giving information about ques- 
tions or unlawfully possessing same.] Any person or persons 
connected with the preparation, printing, distribution, or hand- 
ling of said questions, who shall, prior to the examination in 
each branch of study, make the same public in any manner, 
or give information in regard to the nature or character of the 
questions to any applicant for a certificate or other person, 
and any person or persons other than those connected with the 
preparation, printing, distribution, or handling of said ques- 
tions who shall be found in possession of any of said questions 
prior to the distribution of the same for the use of applicants 
at any examination, shall be guilty of a misdemeanor and 
upon conviction thereof shall be fined in a sum not less than 
fifty dollars nor more than one hundred dollars and shall be 
imprisoned not less than thirty days nor more than ninety days. 
(98 V. 228; 97 v. 371, April 25, 1904.) 

See questions in appendix. 

§293. [Disposition of fees.] (§4072.) The clerk of the 
board of county school examiners shall promptly collect a,ll 
fees from applicants at each examination and pay the same 
into the county treasury quarterly, and he shall file with the 
county auditor a written statement of the amount, and the 
number of applicants, male and female, examined during the 
quarter; and all such money thus received shall be set apart 
by the auditor for the support of county teachers' institutes, 
to be applied as provided for in chapter thirteen of this title. 
(97 V. 371.) 

§ 294. [Granting renewal and revocation of certificates; age 
limit; hearing on revocation of certificate; expenses.] (§ 4073.) 
The county board of school examiners may grant teachers' 
certificates for one, two, three, five and eight years from the 
day of the examination; and said certificates shall be valid in 



319 RENEWAL OF CERTIFICATES. § 294 

all village, township, and special school districts of the county 
wherein they are issued, but in all school districts situated in 
two or more counties teachers' certificates obtained in either 
county shall be valid in such districts. All teachers' certifi- 
cates granted for one, two or three years shall be regarded 
as provisional certificates and shall be issued only in com- 
pliance with such reasonable regulations and standards and 
upon such ratios as the board may adopt, but no such cer- 
tificate shall be renewed except upon examination ; provided, 
that when any teacher holding a two year certificate and 
having for the last five years preceding been continuously en- 
gaged in teaching in the same county, said teacher shall be 
entitled to have his or her certificate renewed by passing an 
examination in theory and practice ; all certificates granted 
for five years, or eight years, shall be rega'rded as professional 
certificates and shall b§ renewable without examination at 
the discretion of the examining board, if for three years pre- 
ceding the date of the application the holders thereof shall 
have been engaged in teaching, not less than twelve months 
of such time being spent in the same district and the board 
of examiners being satisfied as to the moral character and the 
professional attainments of the holders thereof. No certificate 
shall be issued to any person who is less than eighteen years 
of age ; and if at any time the recipient of a certificate be 
found intemperate, immoral, incompetent, or negligent, the 
examiners, or any two of them, may revoke the certificate; 
but such revocation shall not prevent a teacher from receiving 
pay for services previously rendered; but before any hearing 
is had b}^ a board of examiners on the question of the revoca- 
tion of a teacher's certificate, the charges against the teacher 
shall be reduced to writing and placed upon the records of 
the board, and the teacher shall be notified in writing as to 
the nature of the charges and the time set for the hearing, 
such notice to be served personally or at his residence, and 
the teacher shall be entitled to produce witnesses and defend 
himself; the examining board shall have power to send for 
witnesses and examine them on oath or affirmation touching 
the matter under investigation, and said oath or affirmation 
may be administered by any member of the board of ex- 
aminers. The fees and the per diem of examiners for con- 



§ 294 GUIDE FOR OHIO SCHOOL OFFICERS. 320 

ducting such investigation at three dollars a day each and 
other expenses of such trial shall be certified to the county 
auditor by the clerk and president of the examining board, and 
be paid out of the county treasury upon the order of the 
auditor. (97 v. 371.) 

Granting Certificates. Notice to Teacher. 

Good Moral Character. Form of Notice. 

Revocation of Certificate. Service of Notice. 

Procedure to Revoke. Hearing, etc. 

Form of Resolution. Form of Resolution, 

Granting Certificates. — The board of examiners must pro- 
ceed in the manner provided by statute in the granting of 
certificates, and they may adopt such rules and regulations 
thereto as may be approved by the state commissioner of 
schools. Section 4070 (§ 290). The statute must be strictly 
pursued in reference to the certificate and the various branches 
of education which the certificate is i^ntended to cover. There 
is no limitation as to residence of the applicant. A certificate 
can not be granted to a person who is under eighteen years of 
age, and will not be valid in any county other than that in 
which it is granted, except where school districts include part 
of two counties, then a certificate granted in either county will 
be valid. No certificate should be granted to any one who is 
then in such a condition that if he were appointed the examin- 
ers might revoke his certificate. See section 4071 (§29). 

Good Moral Character. — There is nothing said in the above 
section about the good moral character of the applicant, but the 
next section of the Revised Statutes makes it mandatory on 
the teacher to have a certificate from the board of examiners 
that he is of good moral character. And so it is incumbent 
upon the examiners not only to examine the applicant in the 
required statutory matters of the grade of certificate which 
he seeks, but also examine the applicant's moral character. 
"What would constitute good moral character would be a ques- 
tion upon which persons in different avocations and conditions 
of life would differ upon. What it means, however, is that 
the applicant is of such a character that he can successfully 
teach his pupils in the way that Avill cause them to become 
good citizens and whose example will be such as not to lead 
his pupils into doing anything wrong or immoral. In a Michi- 
gan case, Weim^an v. Mabee, 45 Mich., 484, it was held ''that 
a man who habitually violated his duty by profanity, and 
Sabbath breaking, was of a bad moral character, and was 
not a proper person to be licensed to teach in a public school." 
It will be observed that the statute uses the words, not moral 



321 REVOCATION OF CERTIFICATES. § 294 

character, but good moral character. So it would, seem that a 
higher standard is required than that of mere morality. 
Whether or not the possession of a habit, which is conceded 
be to injurious to the health, such as cigarette smoking, would 
be included, may be one of doubt, but considering the influ- 
ence that the teacher has over his pupils by the habits he 
exercises, it would seem to the author that even such a habit 
as this is one which should deprive the applicant from a 
certificate, as being one not of a good moral character. 

Revocation of Certificate. — If at any time the recipient of 
the cerificate be found intemperate, immoral, incompetent, or 
negligent, the examiners or any two of them may revoke the 
certificate. This power of revocation is a discretionary power 
vesting in the examiners, and they are judges as to when such 
teacher is intemperate, immoral, incompetent, or negligent. 
Upon this question one of our common pleas judges has well 
said : 

"I am fully convinced that the board of school examiners 
is the only tribunal authorized to hear and determine the 
question as to whether a teacher's certificate shall be revoked 
or not, and that its action in the matter is final. 

"Said examiners are selected and appointed by the probate 
court on account of their learning, ability, honor and fitness 
for the position, and when so selected and appointed, they are 
by statute fully clothed with all the powers of granting cer- 
tificates and revoking the same under the provisions of the 
statute. 

"The teacher in our public schools occupies one of the most 
important and responsible positions in the community. Our 
children are intrusted to his care for education and guidance. 
The parents as well as the pupils have a right to look up to 
him as an example and guide to their conduct. And so long 
as he maintains their confidence his examples are followed and 
his conduct imitated. By intemperate habits or immoral con- 
duct he loses the respect of the parents and pupils, and his 
usefulness is gone. And when it is ascertained by the ex- 
aminers that a teacher is intemperate or immoral, it is made 
their duty by statute to deprive him of the license which they 
have given him to teach, by revoking his certificate. The duty 
of revoking this certificate must be placed somewhere, and the 
legislature has seen fit to place it in the power of the board 
which granted it, and not in any court. It has not provided 
for a review of the examiner's action, and hence I am of the 
opinion that it was legislative intent that that action should 
be final." 1 N. P., 154. (The State of Ohio ex rel. Moses 
Peabody v. The Board of County School Examiners of Lorain 
Co.) 



§ 294 GUIDE FOR OHIO SCHOOL OFFICERS. 322 

Procedure to Revoke. — The present section of the Revised 
Statutes provides that before such certificate is revoked that 
the charges against the teacher shall be reduced to writing 
and placed upon the records of the board, and the teacher 
shall be notified in writing as to the nature of such charges, 
and the time set for hearing, and that such notice shall be 
served personally or at the teacher's residence and the teacher 
and the board shall have power to send for witnesses and 
examine them. This charge no doubt could be made in the 
form of a resolution and in that way it would become a part 
of the records in the regular manner. If brought in the form 
of a resolution it should set forth with sufficient clearness the 
matter complained of, so as to apprise the teacher of the na- 
ture of the charge that he is required to answer. If the charge 
is intemperance, it should so state and set forth times when 
and where the teacher was intemperate. If the charge be 
immorality, specific acts likewise should be stated. If it be 
incompetency, the charge should state in what respect the 
teacher is incompetent, and so if the charge is one of negli- 
gence, in like manner it should set out some specific facts 
constituting the alleged negligence. The resolution might be 
in the following form : 

Form of Resolution. 

Whereas, information has been brought to this board that one C. D., 
a teacher in this county holding a certificate granted by this board, is 
guilty of intemperance in this, to wit: 

That on the day of ...... he was in an intoxicated con- 
dition on the public streets of the city of and 

That on the day of he was in an intoxicated con- 
dition in the presence of the scholars of the school in which he was 
teaching (or here set out in detail whatever the charge may be). 

Resolved, that such charges against the said A. B., teacher, shall 
be reduced to writing and placed upon the records of this board, and 

that the same shall be set for hearing on the day of , and 

that a copy of this resolution and charges therein contained be served 
personally upon such teacher, or, if not "found, left at his usual place 

of residence, and that the same shall be for hearing on the 

day of 

Notice to Teacher. — The statute does not say who shall 
serve the notice, but this duty no doubt would be properly 
performed by the clerk of the board of examiners. Nor does 
it say what length of time should be given between the time 
of service of notice and the time of hearing. This should be 
a reasonable time, depending largely upon the exigencies of 
the case. If the offense is such that there is an immediate 
injury to the scholar, the hearing ought to be held in a very 
short time. In any case it ought not to be longer than sufK- 
cient time for the teacher to properly prepare his case. 

The following might serve as a form: 



323 GRADE OF CERTIFICATES. § 295 

Form of Notice. 

To A. B., Teacher in the Common Schools of County: 

You are hereby notified that at a meeting of the scliool examiners 

held on tlie day of , the following resolution was passed 

(here copy resolution and charges). You will take notice accordingly 
of the same and be prepared to meet such charges therein set forth 
at the time therein specified for hearing before this board at its usual 
place of meeting at 

Service of Notice. — Care should be taken that the notice is 
served as the statute directs. The clerk should serve the no- 
tice by copy, keep the original and make a report on the back 
of the notice of the time when and where and the manner in 
which the service was made upon the teacher and a memoran- 
dum of this should be placed upon his minutes. 

Hearing, etc. — At the time appointed for hearing", the board 
should convene for that purpose and see whatever testimony 
may be offered in sustaining the charges or in refutation of 
the same. The usual order preserved in court proceedings 
might be followed, although the}^ are not absolutely essential. 
When all the testimony has been adduced, the board should 
determine whether or not the teacher is guilty of the charges, 
and should make a finding in accordance thercAvith, and this 
should be in the form of a resolution, which may be as follows : 

Form of Resolution. 

In the Matter of the Charges Heretofore Preferred Against A. B., a 
Teacher in the Schools of This County: 

The same came on to be heard pursuant to a former resolution of 
this board, and the same was submitted upon the testimony of wit- 
nesses, it appearing to the board that notice thereof had been given 
to said A. B., teacher, as required by law; and, 

It further appearing that the said A. B., teacher, is guilty (or not 
guilty, as ,the case may be) of the charges made against him. 

Therefo're, be it further resolved that the certificate granted to 

him to teach schools in this county on the day of be, 

and the same is hereby revoked. 

§ 295. [Certificates of different grades; prerequisites to em- 
ployment; branches of study; value of certain life certificates.] 

(§ 4074.) From and after the first day of September, 1904, 
three kinds of teachers' certificates only shall be issued by 
county boards of school examiners ; said kinds of teachers ' 
certificates shall be styled respectively : 

[Elementary.] "Teacher's Elementary School Certificate," 
which shall be valid for all branches of study below high school 
rank. 



§ 295 GUIDE FOR OHIO SCHOOL OFFICERS. 324 

[High school.] ''Teacher's High School Certificate," which 
shall be valid be valid for all branches of study in recognized 
high schools and for superintendents, and "Teacher's Special 
Certificate," which shall be valid in schools of all grades, but 
only for the branch or branches of study named therein. 

[Branches elementary.] From and after the first day of 
September, 1905, no person shall be employed or enter upon 
the performance of his duties as a teacher in any elementary 
school supported wholly or in part by the state in any village, 
township, or special school district who has not obtained from 
a board of school examiners having competent jurisdiction a 
certificate of good moral character and that he or she is quali- 
fied to teach orthography, reading, writing, arithmetic, English 
grammar and composition, geography, history of the United 
States, including civil government, physiology including nar- 
cotics, literature, and that he or she possesses an adequate 
knowledge of the theory and practice of teaching; 

[Branches high school.] and no person shall be employed 
or enter upon the performance of his duties as a teacher in 
any recognized high school supported wholly or in part by 
the state in any village, township, or special school district, or 
act as superintendent of school in such district, who has not 
obtained from a board of examiners, having competent juris- 
diction a certificate of good moral character and that he or 
she is qualified to teach literature, general history, algebra, 
physics, physiology including narcotics, and, in addition there- 
to, four branches elected from the following branches of study : 
Latin, German, rhetoric, civil government, geometry, physical 
geography, botany and chemistry; and that he or she possesses 
an adequate knowledge of the theory and practice of teaching ; 
and no person shall be employed and enter upon the per- 
formance of his duties as a special teacher of music, drawing, 
painting, penmanship, gymnastics, German, French, the com- 
mercial and industrial branches, or any one of them, in any 
elementary or high school supported wholly or in part by 
the state in any village, township, or special school district, 
who has not obtained from the board of examiners having 
competent jurisdiction a certificate of good moral character 
and that he or she is qualified to teach the special branch 
or branches of study; and in addition thereto, that he or she 



325 RENEWAL WITHOUT EXAMINATION, § 295 

possesses an adequate knowledge of the theory and practice 
of teaching; 

[Renewal without examination.] provided, that county 
boards of school examiners are authorized to recognize or re- 
new, at their discretion, in the appropriate kind and for the 
same length of time any certificate or certificates, held by 
teachers who may apply for such recognition or renewal prior 
to the first day of September, 1905, and provided, further, 
that no person holding a common school life certificate issued 
by the board of state examiners shall be required to hold any 
other certificate to teach in the elementary schools of the state, 
nor shall any holder of said common school life certificate be 
required by any board to be examined in any of the branches 
covered by said certificate in order to be granted the teachers' 
high school certificate authorized herein. (97 v. 372.) 
See Appendix, for nature of questions. 

Comments. Compensation can not be Col- 

Grades of Certficates. lected Unless Teacher Has 

Proper Certificates. 

Comments. — See section 4051 (271). 

For instruction as to the effect of alcoholic drinks and nar- 
cotics on the human system, in the public schools, see section 
4020-23. 

Qualifications, etc., of teachers of day schools for deaf chil- 
dren, see act following section 3901. 

The above section forbidding the employment of a teacher 
who has no certificate was not intended to guard against a 
contract, but against incompetency; hence, if the teacher gets 
his certificate after the contract, but before entering on his 
duties, it is sufficient; the latter is the employment. (School 
District V. Oxford Tp., 22 0. S., 194.) 

No money can be legally drawn for teaching a day without 
a certificate, and to receive public money illegally is a crime 
under sections 6841 (§266) and 6846. 

As to penalty for bribing or attempting to bribe an officer, 
see section 6900. 

Teachers in schools at children's homes and in kindergarten 
schools, supported by public funds, must hold certificates. 

Grades of Certificates. — The above section grades the cer- 
tificates into three different kinds, to wit : elementary school 
certificates, high school certificates, and special certificates, 
and defines with clearness, and also requires that no person 



§ 295 GUIDE FOR OHIO SCEIOOL OFFICERS. 326 

shall be employed as a teacher m any of the different grades 
of schools unless he has obtained a proper certificate. 

Compensation can not be Collected Unless Teacher Has 
Proper Certificate. — Unquestionably a teacher can not recover 
compensation for teaching unless he has the required certifi- 
cates (School Directors v. Jennings, 10 111. App., 6-13; Harrison 
Tp. V. Conrad, 26 Ind., 337). And this is true, even though the 
school board might agree to dispense with such certificate (Barr 
V. Deniston, 19 N. H., 170). Neither will the fact that a cer- 
tificate has been afterwards granted be sufficient to permit 
collection for services rendered before (Putnam v. Irvington, 
69 Ind., 80; Butler v. Haines, 79 Ind., 575). 

In Tennessee the statute has made it an indictable offense 
to employ a teacher who has no certificate (Robinson v. State, 
2 Coldw. (Tenn.), 181). Neither can a recovery be had if the 
examiners wantonlv refuse to examine the teacher (Jackson v. 
Hampden, 20 Me., 37). 

A power to recover in such a case has been very thoroughly 
discussed in the following case : 

In the case of Goose River Bank v. Willow Lake S. 
Tp., 44 N. W. Rep. (N. D.), 1002, it was held: ''Every 
contract relating to the emploj^ment of a teacher who 
does not hold a lawful certificate of qualification, is void by 
the express terms of the statute, and every warrant issued in 
payment of services of such teacher is without consideration, 
and void. School township warrants are not negotiable instru- 
ments, in the sense that their negotiation will cut off defenses 
to them existing against them in the hands of the payee. The 
officers of a school township can not estop the township by a 
representation, express or implied, that the facts to authorize 
the issue of a lawful warrant exist. Where a contract is ex- 
pressly prohibited or declared void by statute, retention of the 
fruits of such contract will not subject a municipality to 
liability under the contract or on a quantum meruit. A per- 
son who assists a public officer in depriving the public of the 
benefits of a statutory protection designed to guard the peo- 
ple against unfit and incompetent teachers has no standing 
in court, and his assignee will receive no greater considera- 
tion. 

"There is no force in the position that the defendant, having 
received the benefit of the teacher's service, is liable. Such a 
doctrine would defeat the policy of the law, which is to give 
the people of the state the benefit of trained and competent 
teachers. The law recognizes only one evidence that that policy 
has been regarded — the certificate of qualification. If the 
defendant could be made liable by the mere receipt of the 
benefit of the services rendered, the law prohibiting the em- 
ployment of teachers without certificates, and declaring void 



327 COMPENSATION OF TEACHERS, § 295 

all contracts made in contravention of that provision, would 
be, in effect, repealed, and tlie protection of the people against 
incompetent and unfit teachers, which such statute was enacted 
to accomplish, would be destroyed. Where a contract is void 
because the express declaration of a statute, or because pro- 
hibited in terms, the retention by a municipality of the fruits of 
such a contract will not subject it to liability, either under 
the contract or upon a quantum meruit (Dickinson v. City of 
Poughkeepsie, 75 N .Y., 65 ; McBrien v. City of Grand Rapids, 
22 N. W. Rep., 206; Thomas v. Richmond, 12 Wall., 349; 
Argenti v. San Francisco, 16 Cal., 255; City of Litchfield v. 
Ballon, 114 U. S., 190; 5 Sup. Ct. Rep., 280. See also Tube- 
works V. City of Chamberlain (Dak.), 37 N. W., Rep., 762). 
This is particularly true in a case like the one at bar, where no 
person can teach without the certificate, without being actually 
or legally in collusion with local officers to defeat a wise and 
salutory statute, enacted as a barrier against the employment of 
unqualified teachers. The person who teaches without the cer- 
tificate has violated the letter and spirit of the law. The 
wrong done is without remedy. The people who have thus 
had this barrier torn from about them have no redress. Shall 
the wrongdoer be compensated for aiding the school township 
officers in breaking this down barrier, thus depriving the 
people of the protection of this important law? In this con- 
nection the language of the court in Thomas v. Richmond, 
12 Wall., 349, is very applicable: 'The issuing of bills as a 
currency by such a corporation, without authority is not only 
contrary to positive law, but, being ultra vires, is an abuse 
of the public franchises which have been conferred upon it, 
and the receiver of the bill, being chargeable with notice of 
the wrong, is in pari delicto with the officers, and should have 
no remedy, even for money had and received, against the cor- 
poration upon which he has aided in inflicting the wrong. 
The protection of public corporations against such unauthorized 
acts of their officers and agents is a matter of public policy, 
in which the whole community is concerned, and those who 
aid in such transactions much do so at their peril.' 

"In City of Litchfield v. Ballon, 114 U. S., 190 (5 Sup. Ct. 
Rep., 820), the same court said: 'The money received on the 
bonds having been expended, with other funds raised by taxa- 
tion, in erecting the water Avorks of the city, to impose the 
amount thereof as a lien upon these public works would be 
equally a violation of the constitutional prohibition as to raise 
against the city all implied assumpsit for money had and re- 
ceived. The holders of the bonds and agents of the city are 
particeps criminis in the act of violating that prohibition, and 
equity will no more raise a resulting trust in favor of the bond- 
holders than the law will raise an implied assumpsit against a 



§§296,297 GUIDE FOR OHIO SCHOOL OFFICERS. 328 

public policy so strongly declared' The judgment of the dis- 
trict court is affirmed. All Concur." 

§296. [Compensation and expenses of board.] (§4075.) 
Each member of the county board of school examiners shall 
be entitled to receive ten dollars for each examination of sixty 
applicants or less, fourteen dollars for each examination of 
more than sixty applicants and less than one hundred, eighteen 
dollars for each examination of one hundred applicants or more, 
to be paid out of the county treasury on the order of the 
county auditor; all books, blanks and stationery required by 
the board shall be furnished by the county auditor; the board 
may contract for the use ^of suitable rooms in which to con- 
duct examinations, for the printing of examination questions, 
may procure fuel and light, and employ janitors, to take charge 
of the rooms and keep them in order, and the expenses so in- 
curred, together with the cost of advertising required by sec- 
tion forty hundred and seventy-one (§291), shall be paid out 
of the county treasury on orders of the county auditor, who 
shall issue such orders upon the certificate of the president 
of the board, countersigned by the clerk. (97 v. 373.) 

§297. [Annual report of clerk and his bond.] (§4076.) 
The clerk of the board shall prepare, and forward to the state 
commissioner of common schools, on or before the first day of 
September in each year, a statement of the number of examina- 
tions held by the board, the number of applicants examined, 
the total number of certificates granted, and the number for 
each term mentioned in section forty hundred and seventy- 
three (§294), the amount of fees received and paid to the 
county treasurer, the amount received from the county treas- 
ury by the members of the board for their services, and such 
other statistics and information in relation to the duties of the 
board as said commissioner may require ; and he shall deposit 
with the county auditor a bond, with surety to be approved by 
the auditor, in the sum of three hundred dollars, that he will 
pay into the county treasury, quarterly, the examination fees 
received by the board, and make the statistical returns re- 
quired by this chapter. (97 v. 373.) 



329 CITY EXAMINERS. . § 298 

CITY EXAMINERS. 

§298. [Boards of examiners in city districts; appointment 
and removal; filling of vacancy; village boards of examiners 
abolished.] (§ 4077.) There shall be a city board of school 
examiners for each city school district, to be appointed by the 
board of education of the district ; such board shall consist of 
three persons, and the majority of the persons appointed shall 
have had at least two years' practical experience in teaching 
in the public schools and all persons appointed shall be other- 
wise competent for the position and residents of the district 
for which they are appointed; the term of office of such ex- 
aminers shall be three years; the term of one-third of the ex- 
aminers shall expire on the thirty-first day of August each 
year ; but the board of education may revoke any appointment 
upon satisfactory proof that the appointee is inefficient, in- 
temperate, negligent, or guilty of immoral conduct; when a 
vacancy occurs in the -board, whether from expiration of term 
of office, refusal to serve, or other cause, the board of educa- 
tion shall fill the same by appointment for the full or unex- 
pired term, as the case demands; and within ten days after 
an appointment, the clerk of the board of education shall re- 
port to the state commissioner of common schools the name of 
the appointee, and whether the appointment is for a full or 
an unexpired term; provided, that in city school districts that 
now have a board of cit}^ school examiners consisting of three 
members, the members of the same shall serve for the full 
term for which they are appointed; when the board does not 
consist of three members the same is hereby abolished and a 
new board shall be appointed, the members to serve for one, 
two and three years from the thirty-first day of August suc- 
ceeding the passage of this act. All village boards of ex- 
aminers are hereby abolished, but certificates issued by said 
boards shall continue in force within the village school district, 
for the full time for which they were issued. (97 v. 374.) 

Appointment of City ]\Tembers.— In city school districts the 
law gives the appointing power for school examiners for such 
districts to the board of education. Like the county examin- 
ing board it shall consist of three members. The qualifications 
are very much similar to those of county examiners, and I have 
no doubt that a woman is eligible to the position, and what was 
said about the appointment, qualification, and powers of a 



§§ 299, 300 GUIDE FOR OHIO SCHOOL OFFICERS. 330 

county board of examiners is applicable to examiners appointed 
by the probate judge. The only difference being, that they 
are appointed by the board of education instead of by the pro- 
bate judge. The board of education is the board to determine 
the standard of the qualification of teachers and having deter- 
mined this standard the board of examiners must conform 
thereto. If there are any difficult branches or special studies 
the board may secure assistance for these examiners. Such 
assistants must have administered to them an oath of office. 
The appointment should be made within a reasonable short 
period before the expiration of the term of office of the in- 
cumbent, and should be by resolution spread on the minutes. 
An aye and nay vote need not be had unless demanded by 
some member and the majority of the quorum present would 
be sufficient. 

§299. [Standard of qualification for teachers; examination 
of schools ; law governing board in examining teachers ; special 
examiners; their oath; duty of school superintendents.] 

(§ 4078.) Each city board of school examiners shall determine 
the standard of qualification for teachers, and may examine 
any school in the district when such examination is deemed 
necessary to ascertain a teacher's qualifications, but in the ex- 
amination of applicants and the granting of certificates the 
board shall be governed by the provisions of section forty hun- 
dred and seventy-four (§ 295), and to secure a thorough exami- 
nation of applicants in difficult branches, or special studies, 
the board may secure the assistance, temporarily, of persons 
of sufficient knowledge in such branches or studies, who shall 
promise on oath or aifirmation, to be administered by the clerk 
of the board of examiners, to perform the duites of examiner 
faithfully and impartially, and superintendents of schools shall 
give to the board all necessary information in reference to 
branches and special studies to be taught, and the branches 
of study and grades of school which teachers will be required 
to teach. (97 v. 374.) 

§300. [Organization of board; bond of clerk.] (§4079.) 
Each city board of school examiners shall organize during the 
month of September each year by choosing from its members a 
president, a vice-president, and a clerk; the president shall 
preside at all the meetings of the board, and in his absence 
the vice-president shall preside ; the clerk shall perform all the 



331 MEETINGS FOR EXAMINATIONS. §§ 301 302 

duties required in this chapter of the clerk of the board of 
county school examiners in so far as said duties apply, and 
shall give bond, in the sum of three hundred dollars with 
surety to be approved by the board of education, conditioned 
that he will perform faithfully the duties required of him by 
this chapter, which bond shall be deposited with the clerk of 
the board of education. (97 v. 375.) 

§301. [Meetings for examinations; notice.] (§4080.) 
Each board of city school examiners shall hold not less than 
two meeting's each year, notice of which shall be published in 
some newspaper of general circulation in the district, and the 
expense of such publication shall be paid as provided in section 
forty hundred and eighty-three (§304), and all examinations 
of applicants" shall be conducted at the meetings of the boards 
thus called, and the examination of each and every applicant 
shall be in the presence of at least two members of the board. 
(97 v. 375.) 

§302. [Granting, renewal and revocation of certificates: 
age limit; hearing on revocation of certificate.] (§ 4081.) 

Each city board of school examiners may grant teachers' cer- 
tificates for one, two, three, five, and eight years from the 
day of examination; and said certificates shall be valid within 
the district wherein they are issued. All teachers' certificates 
granted for one, two, or three years, shall be regarded as pro- 
visional certificates and shall be issued only in compliance with 
such reasonable regulations and standard and upon such ratios 
as the board may adopt, but no such certificate shall be re- 
newed except upon examination; provided, that when any 
teacher holding a two year certificate and having for the last 
five years preceding been continuously engaged in teaching in 
the same county, said teacher shall be entitled to have his or her 
certificate renewed by passing an examination in theory and 
practice ; all certificates granted for five years, or eight years. 
shall be regarded as professional certificates and shall be re- 
newable without examination at the discretion of the examin- 
ing board, if for three years next preceding the date of the 
application of the holders thereof shall have been engaged in 
teaching, not less than twelve months of such time being spent 
in the same district and the board being satisfied as to the 



§§ 303, 304 GUIDE FOR OHIO SCHOOL OFFICERS. 332 

moral character and professional attainments of the holders 
thereof. No certificate shall be issued to any person who is 
less than eighteen years of age ; and if at any time the recipient 
of a certificate be found intemperate, immoral, incompetent, or 
negligent, the examiners, or any two of them, may revoke the 
certificate ; but such revocation shall not prevent a teacher 
from receiving pay for services previously rendered ; and before 
any hearing is had by a board of examiners on the question of 
the revocation of a teacher's certificate, the charges against the 
teacher shall be reduced to writing and placed upon the rec- 
ords of the board, and the teacher shall be notified in writing 
as to the nature of the charges and the time set for the hear- 
ing, such notice to be served either personally or at his resi- 
dence, and the teacher shall be entitled to produce witnesses 
and defend himself ; the examining board shall have power to 
send for witnesses and examine them on oath touching the mat- 
ter under investigation, and said oath or affirmation may be 
administered by any member of the board of examiners. (97 
v. 375.) 

§ 303. [Nature of certificates to be granted; branches of 
study.] (§4082.) The provisions of section forty hundred 
and seventy-four (§ 295) of the Revised Statutes of Ohio relat- 
ing to the kinds of certificates authorized to be issued by the 
country boards of school examiners for teachers in elementary 
schools and high schools, and for superintendents shall apply 
to city boards of school examiners ; provided, that city boards 
of school examiners may, in their discretion, require teachers 
in elementary schools to be examined in drawing, music, or 
German if such subjects are a part of the regular work of such 
teachers. (97 v. 376.) 

Section 295 (§4074). 

§304. [Compensation of examiners; incidental expenses.] 

(§ 4083.) Each city board of education shall fix the compen- 
sation of the members of the city board of school examiners 
and the additional compensation of the clerk of the board, 
and the person or persons called to their assistance furnish the 
necessary books, blanks and stationery for their use, and desig- 
nate a school building within the district in which they shall 
conduct examinations, and to cause such building to be lighted 



333 APPEAL TO STzVTE COMMISSIONER. ' §§ 305, 306 

and heated if necessary; and such compensation, and the inci- 
dental expenses incurred on account of the city board of school 
examiners, shall be paid, by order of the board of education, 
from the contingent fund of the district. (97 v. 376.) 

The board may increase or diminish the compensation of 
an examiner at its will, such increase or diminishment not to act 
retroactively. Ferry v. Board of Ed., 21 C. C, 785. 

§ 305. [Records and reports ; duties of the clerk ; disposi- 
tion of fees.] (§ 4084.) The clerk of the city board of school 
examiners shall keep a record of the proceedings of the board, 
and such statistics as the state commissioner of common schools 
may require, and in the form and manner he may require, and 
shall report such statistics to the commissioner annually, on 
or before the first day of September ; he shall pay the examina- 
tion fees received by him to the treasurer of the district within 
ten days after each meeting, and at the same time file with the 
clerk of the board of education a written statement of the 
amount, and also a statement of the number of applicants, male 
and female, examined, and the number of certificates granted, 
and for what terms; and the fees paid to the treasurer of the 
district shall be applied to the support of teachers' institutes, 
as provided in chapter thirteen. (97 v. 376.) 

§ 306. [Applicants who fail may appeal to the state com- 
missioner of common schools; method of procedure.] 

(§ 4085.) All manuscripts filed as answers to questions pro- 
pounded to any applicant appearing before any county or city 
board of school examiners, shall be promptlj^ considered and 
passed upon by said board together with the results of oral 
tests if any -and such other information which may come to 
said board touching the fitness of any applicant for teaching 
in the public schools; and said board shall promptly issue all 
certificates granted to successful applicants and send notices 
of failure to those who fail in the examination, if such there 
be. All such manuscripts shall be kept on file for sixty days 
by the members of the examining board propounding the 
questions, and if within the sixty days any applicant after 
receiving his returns from the examination has cause to and 
does believe that he has been discriminated against and his 
manuscripts unfairly graded, it shall be his right to review 



§ 306 GUIDE FOR OPIIO SCHOOL OFFICERS. 334 

his manuscripts with the member or members of the board 
having the same in charge, and if after such inspection and 
review of the manuscripts, he is still of the opinion that said 
board will not correct the error, if any, and issue his certifi- 
cate, he shall have the right to appeal his case to the state com- 
missioner of common schools for final review. Such appeal 
shall be in the form of an affidavit setting forth the facts as 
he believes them, accompanied by a fee of one dollar to cover 
the expenses incident to said appeal, and requesting that the 
matter be inquired into ; thereupon the said commissioner shall 
require the clerk of said board to procure and forward said 
manuscripts, together with a full explanation of the reasons 
for the board's action, and if upon his examination of all 
the facts, together with the manuscripts, he finds that said 
applicant was denied a certificate when he should have been 
granted one and has been discriminated against b}^ the board, 
he shall order the board forthwith to issue a certificate of 
the date of the teachers' examination attended by said appli- 
cant and indicate the length of time said certificate shall be 
valid, but if upon inspection of the manuscripts and reviewing 
the facts submitted he shall conclude that no injustice has 
been done, he shall so notify the applicant and the clerk of 
the board of examiners. (97 v. 377.) 

AppEiVLiNG TO State Commissioner. — The above section spe- 
cifically grants the right of any applicant to appeal from the 
decision of the county or city board of examiners. In order, 
however, to be entitled to such appeal he must strictly bring 
himself within the terms of the statute, that is, within sixty 
days after he has received the returns on his examination. He 
shall first call the county or city board's attention to such mat- 
ter and have an inspection and review of the manuscripts. If 
he is still of the opinion that the board has wrongfully acted 
in his case he shall file an affidavit with the state school com- 
missioner and set forth the facts as he believes them, accom- 
panied by a fee of $1.00 to cover expenses incident to the ap- 
peal. Having done this the state commissioner will re-examine 
the matter and will notify the applicant of the result. This 
affidavit need not be in any particular form ; simply set out the 
facts as they appear to the person appealing. 



335 



teachers' intitutes. 



307 



CHAPTER 13. 



TEACHERS' INSTITUTES. 



Section. 
§ 307 (4086) 



§ 308 (4087) 

§ 309 (4088) 

§ 310 (4089) 

§ 311 (4090) 



Organization o f 

county teacliers' 
institutes; e 1 e c - 
tion of officers; 
term; vacancies; 
duty of executive 
committee; bond; 
when election to 
be held. 

Payment of insti- 
tute fund to com- 
mittee. 

Report of secre- 
tary; his compen- 
sation. 

Forfeiture of com- 
mittee's bond. 

When school com- 
missioner may 
hold institute. 



Section. 

§ 312 (4091) 



§ 313 (4092) 



§ 314 (4093) 
§ 315 (4094) 



Teachers may dis- 
miss school to at- 
tend institute; 
compensation for 
time, when allow- 
ed. 

Institutes for city 
districts; number 
of days ; payment 
of expenses; ap- 
pro p r i a tion by 
board of educa- 
tion. 

Repealed. 

Number of days in- 
stitute must con- 
tinue; reports. 



§307. [Organization of county teachers' institute; elec- 
tions, term, duties and bond of oflacers.] (§4086.) A teach- 
ers' institute may be organized in any county, by the associ- 
ation of not less than thirty practical teachers of the common 
schools residing therein, who shall "declare their intention in 
writing to attend such institute, the purpose of which shall be 
the improvement of such teachers in their profession ; such in- 
stitute shall elect annually, by ballot, a president, secretary, 
and one member of an executive committee, said member of 
the executive committee to serve for a term of three years; 
provided, that at the first annual election held after the or- 
ganization of any institute, there shall be elected three mem- 
bers of the executive committee, the one receiving the highest 
number of votes to serve for three years ; the one receiving the 
next highest number of votes to serve for two years; and the 
one receiving the next highest number of votes to serve one 
year. The president and secretary of the institute shall be ex 
officio members of the executive committee and shall act as 



§ 307 GUIDE FOR OHIO SCHOOL OFFICERS. 336 

chairman and secretary of said committee. Any vacancy in the 
office of president, secretary, or member of the executive com- 
mittee caused by death, resignation, removal from the county 
or other cause, may be filled by the executive committee, the 
person elected to fill such vacancy to serve until the next 
annual meeting of the institute. It shall be the duty of this 
executive committee to manage the affairs of the institute ; 
which committee shall enter into a bond, payable to the state 
of Ohio, with sufficient surety, to be approved by the county 
auditor in double the amount of the institute fund in the county 
treasury, for the benefit of the institute fund of the county, 
and conditioned that the committee shall account faithfully 
for the money which will come into its possession, and make 
the report to the commissioner of common schools, required 
by section four thousand and eighty-eight (§ 309), and such 
election of officers shall be held during the session of such in- 
stitute and at time fixed by the executive committee thereof, 
of which election at least three days' notice shall be given 
the members of such institute by posting conspicuously in a 
room, where such institute is held, a notice of the time and 
place of holding such election and of the officers to be voted 
for at such election (95 v. 237; 92 v. 10; 84 v. 230; Rev. 
Stat. 1880; 70 V. 195, § 112.) 

Upon a compliance with the statutory provisions of this 
chapter will depend the right of the institute to receive finan- 
cial aid in its management. 

Since the president and secretary of the institute are ex 
officio members of the executive committee, the other members 
of the committee alone can not lawfully organize the commit- 
tee. The president of the institute is chairman of the commit- 
tee and the secretary of the institute is secretary of the com- 
mittee. 

The purpose of a teachers' institute being the improvement 
of the teachers entitled to its privileges in their profession, 
it clearly follows that the instruction given therein should be 
mainly upon methods of teaching and the management of 
schools. 

Bequests to. — Sec. 20-1. The commissioners of the several 
counties of the state may receive bequests, donations and gifts 
of real and personal property and money to promote and ad- 
vance the cause of education in their resDective counties; 

a part may be used to defray the expenses 

of the teachers' institute, each year. 



337 TEACHERS ' INSTITUTES. §§308-311 

§308. [Payment of institute fund to committee.] (§4087.) 

The declaration and bond mentioned in section forty hundred 
and eighty-six (§ 307), shall be filed with the county auditor, 
whereupon the auditor shall give to the institute committee 
an order on the county treasurer for the amount of the insti- 
tute fund in the treasury; and any portion of said fund not 
disbursed by the committee shall be returned to the county 
treasury, on the certificate of the county auditor. (70 v. 195, 
§ 112; S. & S., 709.) 

§309. [Report of scretary; his compensation.] (§4088.) 

The secretary shall, within five days after the adjournment of 
the institute, report to the state commissioner of common 
schools the number of teachers in attendance at the institute, 
the names of instructors and lecturers attending said institute, 
the amount of money received and disbursed by the committee 
and such other information relating to the institute as the 
commissioner may require ; the secretary may be allowed com- 
pensation not to exceed ten dollars for making such report and 
for his services as secretary, to be paid out of the institute 
fund of the county, but no other compensation shall be al- 
lowed any officer or member of the executive committee ; on 
failure to make such report, the secretary shall forfeit and 
pay to the state the sum of fifty dollars. (95 v. 238; 1888, 
April 11; 85 V. 192, 196; Rev. Stat. 1800; 70 v. 195, § 112; 
S. & S., 709.) 

Blanks are furnished the auditor for this purpose. 

§310. [Forfeiture of committee's bond.] (§4089.) Upon 
the forfeiture of the committee's bond, the prosecuting attor- 
ney of the county shall prosecute an action thereon, in the 
name of the state, and collect any money which the committee 
may have failed to disburse according to law, and any penalty 
to which the committee may be liable under this chapter, and 
pay the same into the county treasury to the credit of the in- 
stitute fund. (70 V. 195, § 112.) 

§ 311. [When school commissioner may hold institute.] 

(§ 4090.) "When a teachers' institute has not been held within 
two years in any county, the commissioner of common schools 



§ 312 GUIDE FOR OHIO SCHOOL OFFICERS. 338 

may hold or cause to be held therein such institute ; and the 
management thereof and all proceedings in relation thereto, 
shall be the same as hereinbefore provided, except that the 
written declaration required shall not be necessary. (70 v. 
195, § 114.) 

§312 [Teachers may dismiss school to attend institute; 
compensation for time, when allowed.] (§4091.) All teach- 
ers of the public schools within any county in which a county 
institute is held may dismiss their schools for one week for 
the purpose of attending such institute, and when such insti- 
tute is held while the schools are in session the boards of 
education of all school districts are required to pay the teach- 
ers of their respective districts their regular salary for the 
week they attend the institute upon the teachers presenting a 
■ certificate of full regular daily attendance at said institute 
signed by the president and secretary thereof; the same to be 
paid as an addition to the first month's salary after said insti- 
tute by the board of education by which said teacher is then 
employed, or in ease he is unemployed at the time of the in- 
stitute, then by the board next employing said teacher, pro- 
vided the term of said employment begins within three months 
after said institute closes. (97 v. 377.) 

Construction of the Above Statute. — There has been a dif- 
ference of opinion among boards of education of the meaning of 
the above section, in reference to the payment of teachers who 
attend institutes. 

The commissioner of schools interpreted this statute to mean 
that payment was required whether the institute was attended 
while the schools were in session or in times of vacation, and 
this opinion was affirmed by the written opinion of the At- 
torney-General. Eecently the matter has come before the Su- 
preme Court and that court has arrived at the same conclusion 
that the School Commissioner and Attorney-General hold to be 
the proper construction. Beverstock v. Board of Education, 
vol. 51, p. 563. Bull. 

The court, in deciding this case, uses the following language, 
"Guided by these rules, we must determine, if possible, what 
the provision contained in the latter part of Section 4091 
means. We think the task is not difficult of performance. In 
the first part, where the teachers dismiss their schools for one 
week and for the purpose of attending an institute, and they 
do attend such institute during that week, the boards of edu- 



339 PAY WHILE ATTENDING INSTITUTE. § 312 

cation are required to pay the teachers their regular salary 
for the week upon presentation of the proper certificate of 
their attendance at the institute. In other words, the salaries 
continue during that week. Then it is said: 'The same to 
be paid as an addition to the first month's salary after said 
institute by the board of education by which said teacher is 
then emploj^ed, or, in case he is unemployed at the time of the 
institute, then by the board next employing said teacher, pro- 
vided the term of said employment begins within three months 
after said institute closes.' 'The same to be paid'- — that is, 
salary at the same rate, is to be paid for the institute week 
to the teachers who then are under employment for the en- 
suing year, that they will receive after service under such 
employment begins, and this rate of salary is to be paid as 
an addition to the first month 's salary after the institute closes. 
Or, to put it in other words, the teacher shall be paid for the 
week spent at the institute on the basis of the salary agreed 
upon for teaching in the schools thereafter, and this shall 
be paid as an addition to the first month's salary earned after 
said institute. 

"There can be no difficulty in ascertaining the amount to be 
paid in the present case, because the teachers, prior to the 
holding of the institute, had been employed for the ensuing 
school year, and, of course, the terms of compensation had 
been agreed upon. This being the evident purpose of the 
legislature, attempted to be expressed in the language quoted, 
there can be no difficulty in its enforcement. The same ob- 
servation applies to the payment of the teachers for the in- 
stitute week of 1904. The facts for that year are the same 
that pertain to 1905, for that was the first time the law became 
applicable in that district after its passage. 

"The same construction of language will control eases where 
a teacher is not under employment at the time the institute is 
held. In his case, he is to be paid by the board next employ- 
ing him after such institute closes. When he so becomes em- 
ployed, his rate of compensation is fixed, and on presentation 
of the proper certificate, showing that he had attended the 
preceding institute for a week, his compensation for that week 
is ascertainable and his right to receive it complete, if his 
term of employment begins within three months after said 
institute closes. 

"It seems the board of education, defendant in error, readily 
and easily comprehended this statute and was proceeding to 
comply with it, w^hen a doubting Thomas appealed to the 
court to prevent it. We have nothing to do with the expedi- 
ency of the law. but it is our duty to enforce it if it is sus- 
ceptible of enforcement, and it certainly is. The motive and 
intent of the legislature is discernible in the language em- 



§ 313 GUIDE FOR OHIO SCHOOL OFFICERS. 840 

ployed when the whole section is read and considered together, 
and it was to promote the thoroughness and efficiency of the 
teachers in our schools, and through them the successful ad- 
vancement of the schools themselves. 

It will be observed that the court, rightfully so, does not 
say anything about the expediency of the law, and to many 
persons a query has presented itself. Why should the state 
pay for educating a person to fill certain avocations in life? 
If the state should pay for educating a school teacher, why 
not pay for educating a lawyer, or doctor or civil engineer, or 
persons that have positions in the administration of the state, 
as governor, legislators, and persons of that kind, but this 
merely refers to its expediency. 

In a recent report of the school commissioner, he recom- 
mends that this statute should be amended, so as to make a 
uniform amount to be paid to persons who attend the insti- 
tute. It will be observed that the Supreme Court in the above 
ease very clearly lays down the course to be pursued, and if 
the teacher is already employed he is merely entitled to a 
week's extra salary. If he is not now employed and becomes 
employed within three months after attending the institute he 
is entitled to a week's extra salary at the same rate he is em- 
ployd to teach the school. I presume that there would be 
nothing to prevent a board of education, however, in making 
a contract whereby a teacher would waive his right to such 
extra week of institute work. Of course if no contract is 
made waiving such right, the teacher will be entitled to the 
same." 

§ 313. [Institutes for city districts ; immber of days ; pay- 
ment of expenses; appropriation by board of education.] 

(§ 4092.) The board of education of each city school district 
may provide for holding an institute yearly, for the improve- 
ment of the teachers of the common schools therein ; and gen- 
eral meetings of the teachers of any such city district held 
upon not less than four days in any year, whether consecutive 
days or not, for the purpose of instruction, shall be deemed 
to constitute a teachers' institute for said city district within 
the meaning of this section; the expenses of such institute 
shall be paid from the institute fund provided for by section 
forty hundred and eighty-four (§ 305) ; and in addition to this 
fund the board of education of any district may expend annu- 
ally, for the instruction of the teachers of said district in an 
institute or in such other manner as it may prescribe, a sum 
not to exceed five hundred dollars, the same to be paid from 



341 NUMBER OF DAYS INSTITUTE MUST CONTINUE. §§ 314, 315 

its contingent fund ; if the board of any district do not provide 
for such, institute in any year, it shall cause the institute fund 
in the hands of the district treasurer for the year to be paid 
to the treasurer of the county wherein the district is situated, 
who shall place the same to the credit of the county institute 
fund, and the teachers of the schools of such district shall be 
entitled, in such case, to the advantages of the county insti- 
tute, subject to the provisions of the preceding section ; 
and the clerk of board shall make the report of the institute 
required by section forty hundred and ninety-four (§ 315). (97 
V. 378.) 

§314. (§4093.) Repealed April 25, 1904. 

§ 315. [Number of days institutes must continue; reports.] 

(§ 4094.) All institutes held under the provisions of this chap- 
ter shall continue at least four days ; and a report of the in- 
stitute held in pursuance of the provisions of section forty 
hundred and ninety -tivo (§ 313) shall be made to the state com- 
missioner of common schools within five days after the ad- 
journment thereof, which shall state the number of teachers 
in attendance, the names of the instructors and lecturers, the 
total expenses of the institute, and the portion thereof paid 
from institute funds, and such other information relating to the 
institute as the commissioner may require. (97 v. 378.) 



§316 



GUIDE FOE OHIO SCHOOL OFFICERS. 



342 



CHAPTER 14. 

POLICY TOWARDS SCHOOLS FOR WHICH STATE AP- 
PROPRIATIONS ARE MADE— STATE NORMAL 
SCHOOLS. 



Section. 
§316 (1) 



§317 (2) 
§ 318 (3) 
§319 (4) 



Declaration of pol- 
icy of state with 
respect to Ohio 
state university, 
Ohio university 
and Miami univer- 
sity. 

Tax levy for sup- 
port of Miami uni- 
versity. 

Tax levy for sup- 
port of Ohio uni- 
versity. 

Tax levy for sup- 
port of normal 
school at Ohio 
university. 



Section. 
§ 320 (5) 



Tax levy for sup- 
port of normal 
school at Miami 
university. 

How such money 
shall not be ex- 
pended.. 

Tax levy for sup- 
port of Ohio state 
university. 

Tuition. 

nspection of ac- 
counts. 

§326 (4094-1) State normal 
schools; location. 

§327 (4094-2) Organization, con- 
trol, instruction. 



§321 (6) 



§322 (7) 



§323 (8) 
§324 (9) 

§325 (10) 



§ 316. [Declaration of policy of state with respect to Ohio 
state university, Ohio university and Miami university.] See. 
1. Inasmuch as it is deemed desirable at this time for the 
state of Ohio to determine the policy of the state in regard to 
its support of institutions of higher learning, and further de- 
sirable that the state adopt a policy in regard to the 
support of universities and colleges to the end that there 
shall be a distinct and fixed policy in regard to universities 
and colleges and to the end that for all time to come the policy 
of the state with reference to the Ohio state universit}^ the 
Miami university and the Ohio university may be determined 
and made definite and to the end that the state of Ohio may 
build up one university worthy of the state, as now begun at the 
Ohio state university, and at the same time to fix such a policy 
as shall provide for the support for the said Miami and the 
Ohio universities as colleges of liberal arts, which shall not 
include technical or graduate instruction, aside from the usual 
graduate work for the degree of master of arts and to deter- 



343 STATE NORMAL SCHOOLS. §§ 317, 318 

mine definitelj^ and for all time to come that the Miami uni- 
versity and the Ohio university shall be no greater charge on 
the state of Ohio so far as university purposes are concerned 
than provided for in this act, therefore this act is to set forth 
the policy, to wit: That in the future no representative of the 
Miami university or of the Ohio university or of the Ohio 
state university shall violate or attempt to violate this policy 
herein enacted into law as a policy for the support of higher 
education and as a guide for future general assemblies of the 
state of Ohio. (98 v. 309.) 

§ 317. [Tax levy for support of Miami university.] Sec. 2. 
For the purpose of affording support to the Miami university, 
there shall be levied annually a tax on the grand list of the 
taxable property of the state of Ohio, which tax shall be col- 
lected in the same manner as other state taxes and the pro- 
ceeds of which shall constitute ''the IMiami university fund." 
The rate of such levy shall be two and one-half one-hundreths 
(.025) of one mill upon each dollar of valuation of such tax- 
able property. The moneys raised by means of said levy, or 
its equivalent in money in case the levy shall be abolished, 
shall be the sum total received either from the proceeds of the 
levy or from appropriations for the support of the college 
of liberal arts, and shall be used for the purposes only as set 
forth in section 1 of this act, and hereafter this levy shall 
not be increased, but this shall not be so construed as to pre- 
vent such appropriations by the general assembly from time to 
time as may be necessary for apparatus for university purposes, 
exclusive of buildings. Provided that nothing herein shall in- 
validate any appropriation for the years 1906 and 1907. (98 
V. 309.) 

§318. [Tax levy for support of Ohio university.] Sec. 3. 
For the purpose of affording support to the Ohio university, 
there shall be levied annually a tax on the grand list of the 
taxable property of the state of Ohio which shall be collected 
in the same manner as other state taxes and the proceeds of 
which shall constitute ''the Ohio university fund." The rate 
of such levy shall be two and one-half one-hundredths (.025) 
of one mill upon each dollar of valuation of such taxable prop- 
erty. The moneys raised by means of said levy, or its equiva- 



§§ 319, 320 GUIDE FOR OHIO SCHOOL OFFICERS. 344 

lent in money, in ease the levy shall be abolished, shall be the 
sum total received either from the proceeds of the levy or 
from appropriations' for the support of the college of liberal 
arts, and shall be used for the purpose only as set forth in sec- 
tion 1 of this act, and hereafter this levy shall not be increased, 
but this shall not be so construed as to prevent such appropria- 
tions by the general assembly from time to time as may be 
necessary for apparatus for university purpose, exclusive of 
buildings. Provided that nothing herein shall invalidate any 
appropriation for the years 1906 and 1907. (98 v. 309.) 

§ 319, [Tax levy for support of normal school at Ohio uni- 
versity.] Sec. 4. For the purpose of affording support to 
the state normal school or college, in connection with the 
Ohio university, there shall be levied annually a tax on the 
grand list of the taxable property of the state of Ohio, which 
shall be collected in the same manner as other state taxes 
and the proceeds of which shall constitute "the Ohio normal 
school fund." The rate of such levy shall be one and one-half 
one-hundredths (.015) of one mill upon each dollar of valu- 
ation of such taxable property, unless otherwise designated 
by the general assembly of the state of Ohio ; provided that 
nothing in this section shall be construed as preventing said 
normal school from securing such additional appropriations 
as the general asesmbly may in its wisdom deem fit to make 
from time to time for the support, maintenance and equip- 
ment of said normal school. (98 v. 309.) 

§ 320. [Tax levy for support of normal school at Miami 
university.] Sec. 5. For the purpose of affording support to 
the state normal school or college, in connection with the 
Miama university, there shall be levied annually a tax on the 
grand list of the taxable property of the state of Ohio, which 
shall be collected in the same manner as other state taxes 
and the proceeds of which shall constitute ''the Miami nor- 
mal school fund. ' ' The rate of such levy shall be one one-hun- 
dredth (.01) of one mill upon each dollar of valuation of 
such taxable property, unless otherwise designated by the 
general assembly of the state of Ohio ; provided that noth- 
ing in this section shall be construed as preventing said nor- 
mal school from securing such additional appropriations as 



345 STATE NORMAL SCHOOLS. §§ 321-323 

the general assembly may in its wisdom deem fit to make 
from time to time for the support, maintenance and equip- 
ment of said normal school. (98 v. 309.) 

§ 321. [How such money shall not be expended.] Sec. 6. 
No moneys derived under the levies provided for in sections 
2, 3, 4 and 5 of this act shall be expended by the Miami uni- 
versity and by the Ohio university for maintaining or giving 
instructions in any other courses of study than in liberal arts 
and in the normal school or college branches. (98 v. 309.) 

§ 322. [Tax levy for support of the Ohio state university.] 

Sec. 7. For the purpose of affording free the advantages to the 
youth of the state of a higher, technical, liberal, professional, 
agricultural, graduate and industrial education, Including man- 
ual training, there shall be levied annually a tax on the grand 
list of the taxable property of the state, which shall be collected 
in the same manner as other state taxes and the proceeds of 
which shall constitute, "the Ohio state university fund." 
There shall be levied annually for the said purpose sixteen 
one-hundredths (.16) of one mill upon each dollar of valuation 
of such taxable property, or its equivalent in money should 
said levy be abolished; provided that nothing in this act 
shall be construed to prevent said Ohio state university from 
securing any appropriations that the general assembly in its 
wisdom may see fit to grant for the purposes as herein set 
forth. Provided, that the Ohio state university shall never 
maintain a normal school, but may establish a teachers' col- 
lege or [of] professional grade ; provided that nothing in this 
section shall prevent the board of trustees from charging in- 
cidental expense fees and also reasonable tuition fees for pro- 
fessional education. Any appropriations made by the 77th 
general assembly for Ohio state university shall not be in- 
validated by any provisions of this act. (98 v. 309.) 

§ 323. [Tuition.] Sec. 8. Nothing in this act shall be con- 
strued as preventing the boards of trustees of the Ohio state 
university, the Miami university, the Ohio university or the 
state normal schools at the Ohio university or at the Miami 
university from charging reasonable tuition for the attend- 
ance of pupils of any of said institutions of learning from 



§§ 324-327 GUIDE FOR OHIO SCHOOL OFFICERS. 346 

students who are non-residents of the state of Ohio. (98 v. 
309.) 

§ 324. [Inspection of accounts.] Sec. 9. The expenditura 
of all moneys under the provisions of this act or for the pur- 
poses of carrying out the provisions of this act raised or se- 
cured from any source whatsoever shall be subject to the 
inspection of the state bureau of public accounting, the cost 
of same to be paid by the university or college inspected at 
the cost as now provided by law. (98 v. 309.) 

§ 325. [Repeals.] Sec. 10. That sections 3951a and 39516 
of the Revised Statutes of Ohio, and sections 3, 4, 5 and 6 
of an act entitled, "An act to establish normal schools at 
Ohio university at Athens, and at Miami university, at Oxford, 
and to provide for the appointment of a commission to investi- 
gate and report upon the need and advisability of the future 
establishment by the state of one or more additional normal 
schools and to consider in what manner and to what extent 
existing educational institutions other than those now support- 
ed by the state can be made more active in the better training 
of persons for service in the public schools," passed March 
12, 1902, be and the same are hereby repealed. (98 v. 309.) 

§326. [State normal schools; location.] (4094-1) See 1. 
That there be and are hereby created and established two state 
normal schools to be located as follows : One in connection 
with the Ohio university, at Athens, and one in connection 
with the Miami university, at Oxford. (95 v. 45, March 12, 
1902.) 

§ 327. [Organization, control and instruction.] (4094-2) 
Sec. 2. The boards of trustees of said universities shall, not 
later than September, 1903, organize at their respective insti- 
tutions a normal school which shall be co-ordinate with exist- 
ing courses of instruction, and shall be maintained in such a 
state of efficiency as to provide proper theoretical and practi- 
cal training for all students desiring to prepare themselves for 
the work of teaching; said normal s.chools, in each case, being 
under the general charge and management of the respective 
boards of trustees of said universities. (95 v. 45, March 12, 
1902.) 



847 



COLLEGES AND INSTITUTIONS 0¥ LEARNING. 



CHAPTER 15. 
COLLEGES AND INSTITUTIONS OF LEARNING. 



Section. 

§ 328 (3726) 



§ 329 (3727) 
§330 (3728) 

§331 (3729) 

§332 (3730) 
§333 (3731) 
§ 334 (3732) 

§335 (3733) 
§ 336 (3734) 

§337 (3735) 
§338 (3736) 

§ 339 (3737) 
§340 (3738) 

§341 (3739) 
§342 (3740) 

§343 (3741) 
§ 344 (3742) 



Certain corpora- 
tions may appoint 
a faculty and con- 
fer degrees. 
May hold donated 
property in trust. 

Who constitute the 
faculty; its pow- 
ers. 

May teach me- 
chanics and agri- 
culture. 

May change stock 

into scholarships. 

Location may be 

changed, and how. 

When and how 
college endow- 
ment fund divert- 
ed. 

How vacancies in 
boards filled in 
certain case. 

Certain corpora- 
tions may in- 
crease their prop- 
erty; bonds. 

Statement to be 
made and filed. 

How certain 
boards may be 
constituted and 
governed. 

Trustees to be di- 
vided into classes. 

Term of office of 
trustee; how va- 
cancies filled. 

When the board is 
to be enlarged. 

When the number 
in a class is to be 
reduced. 

A conference may 
become a patron 
by consent of oth- 
er bodies. 

Patronizing bodies 
may appoint visi- 
tors. 



Section. 

§ 353 (3751) 



§ 354 (3751a) 
§355 (3751&) 

§ 356 (3751c) 
§357 (3752) 

§ 358 (3753) 

§359 (3754) 

§360 (3755) 

§361 (3756) 

§ 362 (3757) 

§ 363 (3758) 
§ 364 (3759) 
§365 (3760) 



How certain 
boards may be 
constituted and 
governed. 

Increase in num- 
ber of trustees of 
certain corpora- 
tions. 

Incorporation of 
colleges under ec- 
clesiastical pa- 
tronage; what ar- 
ticles shall con- 
tain. 

Existing corpora- 
tions may avail 
themselves of 
provisions of act; 
how. 

Classes and elec- 
tion of trustees; 
president ex-officio 
member of board; 
term; vacancies; 
increase in board. 

Assessments may 
be made against 
stockholders. 

Meeting of stock- 
holders, and no- 
tice thereof. 

Meeting may fix 
amount of assess- 
ment. 

How much may be 
assessed, and col- 
lection thereof. 

The board of mili- 
tary academies; 
how constituted, 
etc. 

Board of visitors ; 
how constituted. 

Duties of board of 
visitors. 

How the term of 
office of trustees 
and directors may 
be fixed. 



328 



GUIDE FOR OHIO SCHOOL OFFICERS. 



348 



Section. 
§345 (3743) 

§346 (3744) 

§347 (3745) 
§348 (3746) 

§ 349 (3747) 

§350 (3748) 
§ 351 (3749) 

§ 352 (3750) 
§ 366 (3761) 

§ 367 (3762) 
§ 368 (3762a) 



Section. 



§ 369 (3762&) 



§ 370 (3763) 



■Vvhen the right of 
r e p r e sentation 
shall cease. 

What action the 
board must first 
take. 

Quorum; how con- 
stituted. 

Certain corpora- 
tions may have 
benefit of subse- 
quent provisions. 

Alumni may elect 
trustees and ap- 
point visitors. 

Conduct of elec- 
tion. 

Returns of elec- 
tion, and certifi- 
cates. 

Endowment fund 
corporation. 

Certain corpora- 
tions may change 
location. 

Sale and distribu- 
tion of the prop- 
erty of certain 
corporations. 

Certain colleges, 
whose articles of 
incorporation are 
not on file in the 
office of the secre- 
tary of state, may 
file same there 
and amend. 
Colleges may 
change name and 
purpose; when; 
procedure. 

Under what re- 
sti'ictions medical 
colleges and 
teachers may re- 



§ 371 (3764) 



§ 372 
§373 
§ 374 



(3765) 
(3766) 
(3767) 



§375 (3768) 



§ 376 (3768-1) 



§ 377 
§ 378 

§ 379 
§ 380 



(3768-2) 
(3769) 

(3770) 
(3771) 



§ 381 (3771a) 



ceive bodies for 
dissection; body 
to be delivered to 
claimant; inter- 
ment of body after 
examination o r 
dissection; notifi- 
cation to rela- 
tives; penalties. 

Penalty for having 
unlawful posses- 
sion of a corpse. 

Repealed. 

Repealed. 

Organic rules 
which may be pre- 
scribed in certain 
articles of incor- 
poration. 

May add to the ob- 
jects of the corpo- 
ration; acceptance 
of statutory pro- 
visions. 

Authorizing certain 
mechanics' insti- 
tutes to borrow 
money; liability 
of directors and 
trustees. 

Directors not per- 
sonally liable. 

Accounts of re- 
ceipts and dis- 
bursements. 

Trustees ineligible 
to other office. 

Attorney general 
may, by action, 
enforce duties of 
officers. 

How number of 
trustees of certain 
colleges increased. 



§ 328. [Certain corporations may appoint a faculty and 
confer degrees.] (§ 3726.) The trustees of a college, uni- 
versity, or other institution of learning, incorporated for the 
purpose of promoting education, religion, morality or the fine 
arts, which has acquired real or personal property to the value 
of five thousand dollars, and which has filed in the office of 
the secretary of state a schedule of the kind and value of such 
property, verified by the oaths of the trustees, may appoint a 
president, professors and tutors, and any other necessary 



349 COLLEGES, ETC. §§ 329-332 

agents and officers, and fix the compensation of each, and may 
enact such by-laws, not inconsistent with the laws of this state 
or of the United States, for the government of the institution, 
and for conducting the affairs of the corporation, as they may 
deem necessary; and may, on the recommendation of the fac- 
ulty, confer all such degrees and honors as are conferred by 
colleges and universities of the United States, and such others 
having reference to the course of study, and the accomplish- 
ment of the student, as they may deem proper. (50 v. 128, 
§ 1 51 V. 403, §§ 2, 3; S. & C. 266, 270.) 

§329. [May hold donated property in trust.] (§3727.) 
Any universtiy, college, or academy, or the trustees thereof, 
may hold in trust any property devised, bequeathed, or don- 
ated to such institution, upon any specific trust consistent with 
the objects of the corporation. (50 v. 128, § 5; S. & C. 267.) 

§ 330. [Who constitute the faculty; its powers.] (§ 3278.) 
The president and professors shall constitute the faculty of 
any incorporated literary college or university, and may en- 
force the rules and regulations enacted by its trustees for the 
government and discipline of the students, and suspend and 
expel offenders, as may be deemed necessary. (50 v. 128. § 6; 
S. & C. 267.) 

§331. [May teach mechanics and agriculture.] (§3729.) 
Any incorporated university, college, or academy may connect 
therewith, to be used as a part of its course of education, any 
mechanical shops and machinery, or lands for agricultural pur- 
poses not exceeding three hundred acres, to which may be at- 
tached all necessary buildings for carrying on the mechanical 
or agricultural operations of such institution. (50 v. 128, § 8; 
S. & C. 267.) 

§332. [May change stock into scholarships.] (§3730.) 
Any company formed in pursuance of this title, or which now 
exists by virtue of any special act of incorporation, the prop- 
erty of which is held as stock, and not derived by donation, 
gift, devise or gratuitous subscription, may change its capital 
stock into scholarships, when it becomes necessary for the pur- 
pose of carrying out the object for which it was formed, in 



§§ 333-335 GUIDE FOR OHIO SCHOOL OFFICERS. 350 

the manner provided in section thirty-two hundred and sixty- 
two. (50 V. 128, §§ 9, 10; S. & C. 268.) 

§333. [Location may be changed and how.] (§3731.) 
A college, university, or other institution of learning, now ex- 
isting by virtue of any act of incorporation, or that may here- 
after become incorporated for any of the purposes specified in 
this chapter, may, if three-fourths of the trustees or directors 
thereof deem the same proper, or if the institution is owned in 
shares, or by stock subcribed or taken, by a vote of the holders 
of three-fourths of the stock or shares, change the location of 
such institution, convey its real estate, and transfer the effects 
thereof, and invest the same at the place to which such insti- 
tution may be removed; but no removal shall be ordered, and 
no vote taken thereon, until after publication lin the manner 
provided in the last section, in which notice shall be fully set 
forth the place to which it is proposed to remove such institu- 
tion, and, in case of removal, a copy of the proceedings of 
such meeting shall be filed with the secretary of state. (52 v, 
77, §12; S. & C. 268.) 

§ 334. [When and how college endowment fund diverted.] 

(§ 3732.) The trustees of a corporation incorporated for the 
purpose of creating, holding, and managing a college endow- 
ment fund, the articles of incorporation of which provide that 
the fund may be applied to any object not inconsistent with 
the purposes of education different from that particularly 
specified therein, may apply to the court of common pleas in 
the county where the corporation is located for permission to 
make such change, designating particularly the purposes to 
which it is proposed to apply the funds ; and the court, on be- 
ing satisfied that such change is not inconsistent with the ob- 
ject of the original creation and institution of the fund, shall 
authorize and sanction the change. (51 v. 393, §2; S. & C. 
269.) 

§335.. [How vacancies in boards filled in certain cases.] 
(§3733.) Whenever there occurs a vacancy, in whole or in 
part, in the board of trustees of an incorporated college, sem- 
inary, or academy, by reason of an amendment of the charter 
in such corporation, or from any other cause, and there is no 



351 OOLLEGES, ETC. §§336,337 

provision of law for filling such vacancy, the governor shall, 
within three months after receiving information thereof, ap- 
point the required number of trustees, one-third thereof to 
serve for one year, one-third to serve for two years, and one- 
third for three years. (75 v. 25, § 2.) 

§336. [Certain corporations may increase their property; 
bonds.] (§ 3734.) A college, university, academy, seminary, 
or other institution devoted to the promotion of education, 
now existing by virtue of any special act of incorporation, or 
organized under the provisions of any law, whose property is 
derived and held by donation, gift, purchase, devise or gratu- 
itous subscription, and the amount of which, or the income 
arising therefrom, is limited by such special act, or by the ar- 
ticles of association adopted by such institution, may receive, 
acquire, possess and hold hereafter any amount of property, 
real, personal or mixed, which its board of directors or trustees 
shall deem it advisable for the intitution to accept, and may, 
by its trustees, sell, dispose of and convey the same, but such 
property shall not be diverted from the express will of the 
donor, devisor or subscriber. The board of trustees of any 
such college, university, academy, seminary, . or other institu- 
tion devoted to the promotion of education, in anticipation of 
donations to be received and collectons to be made, may, for 
the purpose of constructing, enlarging or adding to any col- 
lege buildings or improvements, borrow such sum of money 
as they may determine necessary for such purpose, and may 
issue bonds therefor and secure the same by mortgage upon 
the property upon which such improvement is to be made, 
provided such property is not held by them under some spe- 
cific trust. (90 v. 71; 53 v. 170, § 1; S. & C, 368.) 

§337. [Statement to be made and filed.] (§3735.) Be- 
fore any such institution shall be authorized to acquire and 
hold such additional property, the trustees thereof, at a regu- 
lar meeting of their board, or at a special meeting called for 
that purpose, shall, from time to time, make and sign a state- 
ment specifying the amount of such additional property which 
they seek to acquire and hold, and shall set forth therein the 
purposes to which it is to be devoted, which statements shall 
be entered at large, upon the record book of the trustees and 



§§ 338-340' GUIDE FOR OHIO SCHOOL OFFICERS. 352 

be filed in the office of the secretary of state. (90 v. 72; 53 v. 
170, § 2; S. & C, 368.) 

§ 338. [How certain boards may be constituted and gov- 
erned.] (§ 3736.) The board of trustees of any university or 
college heretofore incorporated, and now under the patron- 
age of four or more conferences or other religious bodies of 
any religious denomination, may accept the provisions of this 
and the nine succeeding sections, by resolution adopted at 
any regular meeting of the board and entered upon the record 
of its proceedings; and after such acceptance the board shall 
in all respects be organized, constituted, regulated, and per- 
petuated, pursuant to and under said provisions ; but no right 
acquired by any such board, or any such university or college 
under its charter, or any law of this state, shall in any way, 
be affected by said provisions. (65 v. 188, § 1; S. & S., 106.) 

§ 339. [Trustees to be divided into classes.] (§ 3737.) At 
a meeting of such board held after a vacancy occurs therein it 
shall fill such vacancy, or if more than one vacancy has oc- 
curred, then one of them, by appointing the president of the 
university or college a trustee, and the president of such uni- 
versity or college shall, ex officio, be a trustee perpetually 
thereafter; the board shall also, at such meeting, divide its 
number, excluding the said president, and including all va- 
cancies except the one he is so appointed to fill, into classes, 
corresponding in number to the number of conferences or 
other religious bodies at the time patronizing such university 
or college, such classes to have in each an equal number of 
trustees, as near as may be; and the board shall assign one 
of such classes to each of the conferences or other religious 
bodies, and thereafter each may fill any and all vacancies in 
the class so assigned to it. (65 v. 188, § 2; S. & S., 106.) 

§340. [Term of office of trustees; how vacancies filled.] 

(§3738.) When the classes of trustees are formed, as pro- 
vided in the preceding section, the term of office of one of 
the trustees in each of the classes, to be selected by lot in 
open session of the board of trustees, shall expire each year, 
and the persons thereafter elected as trustees, shall act as 
such for a term of years equal in number to the number of 



353 COLLEGES, ETC. §§ 341, 342 

trustees in any class, except as hereinafter provided; but the 
term of office of a trustee shall not expire during any meeting 
of the board which does not continue for more than two weeks; 
and vacancies which occur in any class of trustees otherwise 
than by the expiration of term of office shall be filled only for 
the remainder of the term. (65 v. 188, § 3; 70 v. 157, § 1; S. 
& S., 107.) 

§341. [When the board is to be enlarged.] (§3739.) If 
the number of the conferences or other religious bodies patron- 
izing any such university or college, the board of trustees of 
which has been divided into classes as hereinbefore provided, 
be increased to not exceeding six, the board of trustees shall 
be enlarged to the extent of one additional class of trustees 
for each of such additional conferences or other religious 
bodies, such additional classes to have in each a number of 
trustees equal to the number in any one of the former classes; 
and each of such additional conferences or other religious bod- 
ies may elect, as members of the board, the number in its 
class, one for one year, one for two years and one for three 
years, and so on to the extent of the number; and each of 
such additional conferences or other religious bodies may fill 
any vacancy in its class. And such board of trustees composed 
according to the foregoing provisions and the provisions of 
section thirty -seven hundred and forty-seven (§ 349) of this 
chapter, without regard to the number of members so com- 
posing it, may increase its own numbers by the election of 
trustees at large, not exceeding the number of conferences or 
other religious bodies co-operating with or patronizing such 
university or college, and may divide such trustees at large 
into classes, at its discretion. (89 v. 119; 65 v. 188, § 4; S. & 
S., 107.) 

§ 342. [When the number in a class is to be reduced.] 

(§ 3740.) If the number of such patronizing conferences or 
other religious bodies at any time exceeds six, the representa- 
tion of each shall be reduced by lot, in open session of the 
board of trustees, to a class of three trustees, if they exceed 
that number, who shall thereafter be elected to serve as trus- 
tees for the term of six years, and in that case the term of 
office of one trustee in each class shall expire every second 
year. (65 v. 188, § 5; S. & S., 107.) 



§§ 343-346 GUIDE FOR OHIO SCHOOL OFFICERS. 354 

§ 343. [A conference may become a patron by consent of 
other bodies.] (§ 3741.) Any conference or other religious 
body, not patronizing any particular university or college, may 
become such patronizing conference or religious body, by and 
with the consent of the conferences or other religious bodies 
at the time patronizing such university or college. (65 v. 188, 
§ 6; S. & S., 107.) 

§344. [Patronizing bodies may appoint visitors.] (§3742.) 
Each conference or other religious body patronizing any par- 
ticular university or college may, annually, appoint two visit- 
ors, and the board of trustees of a college or university may 
provide, at the time of its organization, by resolution adopted 
and entered on its records, for the appointment of two visit- 
ors by each conference or other religious body patronizing 
such college or university; and such visitors shall attend the 
meetings of the board of trustees of such university or college, 
and, with the trustees, constitute a joint board for the ap- 
pointment and removal of all officers, professors, and instruct- 
ors of the university or college. (73 v. 163, § 7 ; S. & S., 107.) 

§ 345. [When the right to representation shall cease.] 
(§ 3743.) If a conference or other religious body patronizing 
any university or college, and having a representation in its 
board of trustees, cease to exist, or cease to patronize such 
university or college, the right of such conference or other 
religious body to such representation shall cease, and its board 
of trustees shall be thereby and to that extent reduced in 
numbers. (65 v. 188, § 8; 73 v. 163; S. & S., 107.) 

§ 346. [What action the board must first take.] (§ 3744.) 
Before a conference or other religious body not represented in 
the board of trustees of any university or college shall be 
entitled to be represented therein, and before any conference 
or other religious body represented therein shall be deprived 
of such representation as provided in the preceding section, 
the board shall declare, and cause to be entered in the record 
of its proceedings, that the conditions and contingencies here- 
inbefore for in that behalf shall have taken place. (65 v. 188, 
§ 9; S. & S., 107.) 



355 COLLEGS, ETC. §§347-350 

§347. [Quorum; how constituted.] (§3745.) Eleven trus- 
tees shall constitute a quorum of the board of any such uni- 
versity or college, whatever the number of trustees constitut- 
ing the board is or may become, if the number is more than 
twenty; and if the number is twenty or less, a majority there- 
of shall constitute a quorum. (65 v, 188, § 10; S. & S., 108.) 

§ 348. [Certain corporations may have benefit of subsequent 
provisions.] (§ 3746.) The board of trustees of any uni- 
versity or college which has accepted or hereafter accepts the 
provisions of the ten preceding sections, may accept the pro- 
visions of the three succeeding sections by resolution adopted 
at any regular meeting of the board, and entered upon the 
record of its proceedings, and thereafter the board, and the 
university or college, shall be subject to (the) provisions there- 
of. (69 V. 71, § 1.) 

§ 349. [Alumni may elect trustees and appoint visitors.] 

(§ 3747.) After such acceptance by the board of any uni- 
versity or college, the alumni thereof (composing the alumnal 
association thereof) may elect as members of the board of 
trustees of such college or university members of such alumnal 
association, in numbers equaling the numbers of the confer- 
ences co-operating with or patronizing such university or col- 
lege, and may divide such alumnal trustees into classes, and 
perpetuate the same; and such alumnal may, at the same time 
elect as visitors members of their association equaling in num- 
^bers one-half of the numbers of the conferences or other re- 
ligious bodies co-operating with or patronizing such university 
or college, and such visitors shall have the same powers and 
duties as visitors appointed by any conference or other re- 
ligious body aforesaid; provided, that when women are mem- 
bers of the alumnal association so electing, they shall be eligi- 
ble as visitors; provided, further, that the board of trustees 
shall be judge of the validity of the election and the returns 
thereof, of trustees and visitors elected under this section. (89 
V. 120; 81 V. 174; Rev. Stat. 1880; 69 v. 71, § 2; 76 v. 87, § 1.) 

§350. [Conduct of elections.] (§3748.) The election of 
trustees and visitors by the alumni shall be by ballot, and held 
each year, beginning the year after such acceptance, on the 



§ 351 GUIDE FOR OHIO SCHOOL OFFICERS. 356 

secular day next before the day of commencement of such uni- 
versity or college, at such place in a building on its grounds 
as may be designated by the president of the alumnal asso- 
ciation by written notice posted the day before the election 
in at least two public places on such grounds; and the polls 
shall be opened at the hour named in said notice, which shall 
not be later than three o'clock p. m., and shall be kept open 
for two hours thereafter. The election shall be conducted 
by three judges and two clerks, who shall be members of said 
association and be chosen by the members present at the place 
of voting at the time for opening the polls, and they shall 
certify to the board of trustees the result of such election, with 
a list of the members voting thereat ; each ballot shall contain 
the names of the persons voted for, the office which each is to 
fill and a designation of the term for which he is to serve. At 
such election all members of the alumnal association of such 
university or college shall be entitled to vote, and members 
not in attendance may exercise their right by sending ballots 
conformable to the foregoing provisions, with their names 
thereon endorsed, and addressed under seal to the president 
of such association. (89 v. 120; 69 v. 71, § 3.) 

§ 351. [Returns of the election, and certificates.] (§ 3749.) 
After the polls are closed the result shall be ascertained and 
certified to by the judges and clerks, and the person or per- 
sons, not exceeding the number to be elected as trustees, 
having received the highest number of votes for trustee or 
trustees, shall be declared elected trustee or trustees as desig- 
nated on the ballot, and the two persons who receive the 
highest number of votes for visitors shall be declared elected, 
but their terms of office shall not begin until after the final 
adjournment of the regular meeting of the trustees for that 
year; if any two or more persons receive an equal number of 
votes for the same office of trustee or visitor, one of them, as 
may be determined by lot by the judges, in the presence of 
all the electors who may wish to be present, shall be the trus- 
tee or visitor, and shall be so declared; and duplicate certifi- 
cates of election shall be signed by the judges and clerks, and 
delivered by them, one to each of the persons elected, and the 
other, with the poll books duly certified by the judges and 
clerks, to the secretary of the board of trustees of the universi- 



357 ' ENDOWMENT FUND. §§ 352-354 

ty or college, the next day after the election, which certificate 
he shall enter of record in the book containing the proceedings 
of the board of trustees. (69 v. 71, § 3.) 

I § 352. [Endowment fund corporations.] (§ 3750.) The 
trustees of a corporation incorporated for the purpose of creat- 
ing a fund, the income of which is to be applied to the pro- 
motion of education, may receive subscriptions for membership 
in the corporation, and they, or a majority of them, by giving 
ten days' notice, by publication in the county where the cor- 
poration is located, may call a meeting of members to adopt 
by-laws, and elect not more than nine directors ; each member 
shall have a vote for every amount by him subscribed equal 
to that in the articles of incorporaaon specified as necessary 
for membership, which may be cast in person or by proxy, 
but at no subsequent meeting may a member vote for or be 
eligible as a director who is in arrears to the corporation; and 
the trustees shall control the funds and disburse the income of 
the corporation as may be provided by its by-laws. (69 v, 
173, §§ 1, 2, 3, 4, 5.) 

§ 353. [How certain board may be constituted and gov- 
erned.] (§ 3751.) The board of trustees of any university, 
college, or other institution of learning, incorporated, and act- 
ing under the patronage of one annual conference or other re- 
ligious body of any religious denomination, may accept the 
provisions of this and the succeeding section, by resolution 
adopted at any meeting of the board, and entered upon the 
record or journal of its proceedings ; and after such acceptance 
the board shall be organized, constituted, regulated, and per- 
petuated as therein provided; but no right acquired by any 
such board, university, or other institution of learning, under 
its charter, or any law of this state, shall in any way be im- 
paired or affected thereby. (69 v. 180, § 1.) 

§ 354. [Increase in number of trustees of certain corpora- 
tions.] (§ 3751a.) The board of trustees of any university or 
college, heretofore incorporated, and now under the patron- 
age of one annual conference or synod or other religious body 
of any religious denomination, may increase the number of 
its trustees, not exceeding six; said additional trustees to be 
nominated by the collegiate alumni of three years' standing, 



§ 355 GUIDE FOR OHIO SCHOOL OFFICERS. 358 

for appointment or election by such patronizing conference or 
synod, under such regulations as may be prescribed by such 
board of trustees; provided, that the board of trustees of such 
university or college shall so determine to increase the number 
of its trustees and adopt such regulations for their nomina- 
tion, by resolution adopted at any regular meeting of such 
board, and duly entered on the record of its proceedings; and, 
provided further, that such patronizing or governing confer- 
ence or synod shall consent to such increase of said board of 
trustees and the rules and regulations for the nomination of the 
same. And after such board of trustees is so increased by the 
election of any additional trustees, not exceeding six, the board 
of trustees shall in all respects be organized, constituted, regu- 
lated and perpetuated pursuant to and under the provisions of 
the charter and said provisions; but no rights acquired by any 
such board or any such university or college, under its charter 
or any law of this state, shall in any way be affected or im- 
paired thereby. (91 v. 155.) 

§ 355. [Incorporation of colleges under ecclesiastical pat- 
ronage; what articles shall contain.] (§ 3751&.) A corpora- 
tion may be formed for the promotion of academic, collegiate 
or university education, under religious influences, and is here- 
by authorized and empowered to set forth in it articles, or 
certificate of corporation, as a part of the same, the name of 
the religious sect, association or denomination with which it 
proposes to be connected, and it is further authorized and 
empowered to grant any ecclesiastical body of such religious 
sect, association or denomination, whether the same be a con- 
ference, association, presbytery, synod, general assembly, con- 
vocation or otherwise, the right to appoint its trustees or di- 
rectors, or any number thereof; and it is further authorized 
and empowered to set forth in its articles or certificate of cor- 
poration, such other rights as to the administration of the pur- 
pose for which it is organized, and not inconsistent with the 
laws of this state or of the United States, as said incorporation 
may desire to confer upon said ecclesiastical body of such re- 
ligious sect, association or denomination and the said eccles- 
iastical body of such religious sect, association or denomination 
shall possess and exercise all rights and powers to set forth in 
said articles or certificate of corporation. (94 v. 331.) 



359 ELECTION OF TRUSTEES. §§356, 357 

§ 356. [Existing corporations may avail themselves of pro- 
visions of act; how.] (§ 3751c.) Any corporation formed for 
the promotion of academic, collegiate or university education, 
under religious influences, which has been incorporated under 
the laws of this state, whether by special act of the legislature 
or otherwise, may avail itself of the provisions of the preced- 
ing section, as a part of its articles or certificate of incorpora- 
tion, and may confer on any ecclesiastical body of such religious 
sect, association or denomination, as it is now, or proposes 
to be connected with, whether the same be a conference, asso- 
ciation, presbytery, synod, general assembly, convocation or 
otherwise, any or all the rights, powers or privileges provided 
by the preceding section to be conferred on corporations here- 
after organized, and may accept the provisions of such preced- 
ing section b}" a vote of the majority of the trustees of such 
corporation at any regular meeting; and when so accepted, a 
copy of said acceptance, certified by the secretary or clerk of 
its board of trustees or directors, shall be sent to the eccle- 
siastical body with which it is now or proposes to be connected ; 
if such ecclesiastical body agree to accept the powers proposed 
to be conferred upon it, it shall certify its approval upon such 
certified copy sent to it, and the same shall thereupon be filed 
in the office of the secretary of state; and, when so filed, the 
same shall become and be a part of the charter of said corpora- 
tion; and said ecclesiastical body of such religious sect, asso- 
ciation or denomination, whether the same be a conference, as- 
sociation, presbytery, synod, general assembly, convocation or 
otherwise, shall possess and exercise all the rights and powers 
so set forth in said articles or certificate of corporation. (94 
V. 331.) 

§ 357. [Classes and election of trustees; president ex officio 
a member of the board; term; vacancies; increase in board.] 

(§ 3752.) After such acceptance the board shall certify the 
same to the patronizing conference or other religious body 
having the right to elect or appoint trustees of such university 
or other institution of learning, at the next meeting of such 
conference or other religious body; and thereafter the board 
shall consist of twenty-one trustees elected or appointed, and 
the president of such university or other institution of learn- 
ing, who shall be ex officio a member of the board ; such elected 



§§ 358-360 GUIDE FOR OHIO SCHOOL OFFICERS. B60 

or appointed trustees shall be divided into three classes of 
seven members each. At the first election or appointment 
after such acceptance, one of such classes shall be elected or 
appointed for one year, one for two years and one for three 
years, and in all subsequent elections or appointments each 
of the classes of trustees shall be elected or appointed for three 
years, but no term of office of any such trustee shall expire 
during any meeting of the board which does not continue more 
than two weeks. Ten members of the board shall constitute 
a quorum, and all vacancies which occur in any class of trus- 
tees otherwise than by expiration of the term of office, shall 
be filled only for the remainder of the term ; provided, that any 
such university or other institution of learning, having here- 
tofore accepted the provisions of original sections 3751 (§ 353) 
and 3752 (§ 357), may increase its board of trustees by electing 
or appointing two additional members in each of the classes 
of trustees herein provided for. (1888, March 30; 85 v. 140, 
141; Eev. Stat. 1880; 69 v. 180, §§ 2, 3; 70 v. 157, § 1.) 

§ 358. [Assessments may be made against stockholders.] 

(§ 3753.) The proportion that each stockholder of any college, 
academy, university, seminary, or other institution for the pro- 
motion of education, shall be required to pay to meet the 
debts and liabilities of the corporation, may be determined 
and collected in the manner provided by the three succeeding 
sections. (58 v. 20, § 1; S. & S., 108.) 

§ 359. [Meeting of the stockholders, and notice thereof.] 

(§ 3754.) The trustees of any such corporation desiring to 
avail themselves of such provisions shall call a meeting of the 
stockholders for the purpose of determining what amount of 
the indebtedness of the corporation shall be paid by each 
stockholder; and they shall give thirty days' notice to the 
stockholders, in writing, or by publication in some newspaper 
of general circulation in the county where the corporation is 
located, of the time, place, and purpose of the meeting, at 
which the trustees shall submit a detailed statement showing 
the assets and indebtedness of the corporation. (58 v. 20, §§ 
2, 3; S. & S., 108.) 

§ 360. [Meeting may fix amount of assessment.] (§ 3755.) 
!A majority in interest of the stockholders present at such meet- 



361 MILITARIES ACADEMIES. §§361-364 

ing may determine what amount of the indebtedness of the 
corporation shall be paid by each stockholder, and fix the 
time or times, and the mode, for the payment of the amount 
of money assessed against each stockholder; but these pro- 
visions shall not interfere with or abridge the right of any 
creditor of the corporation to institute any proceedings au- 
thorized by law to enforce the liability of stockholders. (58 
V. 20, § 4; S. & S., 108.) 

§ 361, [How much may be assessed, and collection thereof.] 

(§ 3756.) The assessments shall be pro rata upon the stock 
subscribed or otherwise acquired by each stockholder, and in 
no case shall exceed the amount for which each stock holder 
is or may be liable by law ; and a stockholder who fails to pay, 
as required by the assessment, the amount so assessed against 
him, shall be liable in a civil action, to be brought in the name 
of the corporation, for the recovery thereof, as in other eases 
of indebtedness. (58 v. 20, §§ 5, 6; S. & S., 108, 109.) 

§362. [The board of military academies; how constituted, 
etc.] (§ 3757.) The academic board of an institution incor- 
porated for military and polytechnical education shall consist of 
the superintendent of the institution, the commandant of cadets, 
and the professors, and may make and enforce rules and regu- 
lations for the government of cadets ; but such rules and regu- 
lations must be first submitted to and approved by the governor 
of the state. (64 v. 239, §§ 1, 2; S. & S., 109.) 

§363. [Board of visitors; how constituted.] (§3758.) 
The board of visitors of such institution shall consist of the 
governor who shall be ex officio a member and the president of 
the board, of two other persons to be named by the governor, 
and such other persons as the superintendent of the institution 
may appoint. (64 v. 239, § 3; S. & S., 110.) 

§ 364. [Duties of board of visitors.] (§ 3759.) The board 
of visitors shall meet annually at the institution, on the first day 
of the annual commencement exercises, and examine into the 
condition of the classes, quarters, and commons, and the dis- 
cipline, drill, records of standing in study, and conduct of the 
cadets, and shall report on same to the legislature at its next 



§§ 365-367 GUIDE FOR OHIO SCHOOL OFFICERS. 362 

annual session ; but the board of visitors, or any member 
thereof, may visit and inspect the institution at any time. (64 
V. 239, § 4; S. & S., 110.) 

§ 365. [How the term of office of trustees and visitors may- 
be fixed.] (§ 3760.) At a regular meeting for the election 
of directors or trustees of any college or other institution of 
learning, the authorized voters may determine, by vote, 
whether the election of directors or trustees shall be held 
annually, if the term of their election is for a longer period 
than one year, and also what proportion of the entire board 
shall be elected annually; at the first election held under the 
provisions of this section the voters shall designate upon their 
ballots who shall serve for one year, who for two years, and 
who for three years ; and vacancies caused by expiration of 
term of office shall be filled by election annually thereafter. 
(70 V. 125. § 1.) . 

§ 366. [Certain corporations may change location.] 

(§ 3761.) The trustees of colleges and other institutions of 
learning not endowed by voluntary contributions, which have 
been established under special acts of incorporation, and which 
by the provisions of such acts are located at particular places, 
may change the location thereof to such other places as they 
may deem proper, and erect and maintain academies and 
other schools auxiliary thereto. (70 v. 248, § 1.) 

§ 367. [Sale and distribution of the property of certain cor- 
porations.] (§ 3762.) The trustees of any university, col- 
lege, or other institution of learning, incorporated by the au- 
thority of this state under special charter, owned in shares 
or stock subscribed or taken, may dispose of its property at 
public sale, upon such terms as to payment as the stockholders 
thereof, by a vote of three-fourths of the shares or stock of the 
institution, may direct, after giving public notice of the same, 
by publication, for six consecutive weeks in some newspaper 
published in the county where the institution is located, if one is 
published therein, and if not, then in some newspaper pub- 
lished in this state, and of general circulation in such county, 
which notice shall contain a full statement of the terms, time, 
and place of sale, and the action of the trustees as aforesaid; 



363 ARTICLES OF INCORPORATION. § 368 

and the trustees may close up the corporate existence of such 
institution, and make an equitable division and distribution 
of the proceeds of the sale among all the holders of shares 
or stock, after the payment of the just debts of the corpora- 
tion. (67 V. 24, § l.)"^ 

§ 368. [Certain colleges, whose articles of incorporation are 
not on file in the office of the secretary of state, may file same 
there and amend.] (§ 3762a.) The trustees of any university, 
college or institution of learning, incorporated by the authori- 
ty of this state, or under the general corporation laws thereof, 
owned in shares of stock subscribed and paid up in full, by a 
majority of the owners of such stock, for the sole purpose of 
promoting education, religion and morality, or the fine arts, 
exclusively among males or females, may, on the written peti- 
tion of the owners of the majority of such stock filed before 
them, or on the vote of the owners of the majority of such 
shares of paid up stock at any general meeting of the stock- 
holders called for such purpose, after thirty days' notice pub- 
lished in some newspaper published of general circulation in 
the county, by the board of trustees, may change the name 
and enlarge the purposes and objects of any such university, 
college or institution, by amendments to its charter, approved 
by the owners of the majority of such stock for the change 
of the name and the enlargement of the purpose and object 
of such university, college or institution of learning, so that 
all the educational rights and privileges thereof may be be- 
stowed in the co-equal and co-ordinate education of both sexes. 
When such amendment is adopted and the original articles 
of incorporation of said corporation have not been filed and 
recorded in the office of the secretary of state, a copy of such 
amendment and copy of the original articles of incorporation 
of said corporation, with a certificate to each of them thereto 
affixed, signed by the president and secretary of said corpora- 
tion, and sealed with the corporate seal, if any there be, stat- 
ing the fact and date of the adoption of such amendment, 
and that such copy of said amendment, and that such copy of 
said original articles of incorporation of said corporation are 
and is a true copy of the originals, shall be recorded in the 
office of the secretary of state, and when so recorded, and not 
until then, said amendment shall become and be in law the 



§ 369 GUIDE FOE OHIO SCHOOL OFFICERS. 364 

sole articles of incorporation of said corporation; and all the 
property, real and personal and the title thereunto, and all 
the rights and credits, shares of stock, and rights of stock- 
holders, corporate franchises, and all endowment fund or 
funds, or gift or bequest, or legacies or mortgage securities 
and promissory notes, and rights of every kind belonging to, 
vested in or claimed, or possessed by the said original corpora- 
tion, shall by said amendment pass to, be assigned and trans- 
ferred and vested in and held, enjoyed and exercised by the 
said corporation named, created and organized by said amend- 
ment for the promotion of all the objects and purposes of its 
creation and organization. For recording such amendments 
and copies of such original articles of incorporation, and for 
furnishing a certified copy or copies thereof, the secretary of 
state shall receive a fee of twenty cents per hundred words, 
to be in no case less than five dollars. (1888, April 14; 85 v. 
270.) 

§ 369. [Colleges may change name and purpose, when; pro- 
cedure; fees.] (§ 3762&.) That the board of trustees of any 
university, college or institution of learning, incorporated by 
the authority of this state, or under the general corporation 
laws thereof, for the sole purposes of promoting education, 
religion and morality, or the fine arts, may, at any regular 
or special meeting of such board of trustees, called for such 
purpose, after thirty days' actual notice to each and all of 
such trustees, change the name and enlarge the purposes and 
objects of any such university, college or institution of learn- 
ing, by amendment to its charter, approved by a majority of 
such board of trustees at such regular or special meeting, so 
called and so notified, for the change of such name and the 
enlargement of the purposes and objects of such university, 
college or institution of learning. When such amendment is 
so adopted by the board of trustees of any university, college 
or institution of learning, already incorporated by the au- 
thority of this state, or under the general corporation laws 
thereof, a copy thereof, with a certificate thereto affixed, 
signed by the president and secretary of such board of trus- 
tees, and sealed with the corporate seal, if any there be, stat- 
ing the fact and date of such amendment, and that such copy 
is a true copy of the original amendment, shall be filed and 



^Q5 RESTRICTIONS UPON MEDICAL COLLEGES. § 370 

recorded in the office of the secretary of state, and when so filed 
and recorded, and not until then, said amendment shall become 
and be in law an integral part of the articles of incorporation 
of said corporation, and all the property, real and personal, 
the title thereto, and all the rights and credits, corporate pow- 
ers and franchises, and all endowment fund or funds, gifts 
and bequests, legacies, mortgage securities and promissory 
notes, and all powers, rights and privileges of every kind be- 
longing to, vested in, claimed or possessed by said original 
corporation shall, by said amendment, pass to, be assigned, 
transferred and vested in, and held, enjoyed and exercised by 
the said corporation,, named, created and organized by said 
amendment for the promotion of all the objects of its creation 
and organization. And said new corporation shall be liable 
for and perform all the lawful obligations, contracts and un- 
dertakings of said original corporation. For recording such 
amendment and furnishing a certified copy or copies thereof, 
the secretary of state shall receive a fee of twenty cents per 
hundred words, to be in no case less than five dollars. (87 v. 
8.) 

§ 370. [Restrictions under which medical coUeg-es and teach- 
ers may receive bodies for dissection.] (§ 3763.) All super- 
intendents of city hospitals, directors or superintendents of 
city or county infirmaries, directors or superintendents of 
work-houses, directors or superintendents of asylums for the 
insane, or other charitable institutions founded and supported 
in whole or in part at public expense, the directors or warden 
of the penitentiary, township trustees, sheriffs, or coroners, in 
possession of bodies not claimed or identified, or which must 
be buried at the expense of the county or township, shall, be- 
fore burial, hold such bodies not less than thirty-six hours and 
shall notify the professor of anatomy in any college which by 
its charter is empowered to teach anatomy, or the president of 
any county medical society of the fact that such bodies are be- 
ing so held and shall, before or after burial, by such said super- 
intendent, director, or other officer, on the written application 
of the professor of anatomy, the president of any county medi- 
cal society, deliver to such said professor, or president, for the 
purpose of medical or surgical study or dissection, the body of 
any person who has died in eitheir of said institutions from any 



§ 370 GUIDE FOR OHIO SCHOOL OFFICERS. 366 

disease, not infectious, if such body has not been requested 
for interment by any person at his own expense ; 

[Body to be delivered to claimant.] If the body of any 
deceased person so delivered, be subsequently claimed, in writ- 
ing, by any relative or other person for private interment, at 
his own expense, it shall be given up to such claimant; 

[Interment of body after examination or dissection.] After 
such bodies shall have been subjected to such medical or surgi- 
cal examination or dissection, the remains thereof shall be 
interred in some suitable place at the expense of the party or 
parties in whose keeping said corpse has been placed. 

[Notification to relatives of deceased person.] In all cases 
it shall be the duty of the officer having such body under his 
control to notify or cause to be notified, in writing, the rela- 
tives or friends of such deceased person ; 

[Penalty for refusal to deliver body, or acceptance of con- 
sideration for same.] And any superintendent, coroner, or in- 
firmary director, sheriff, or township trustee, failing or refus- 
ing to deliver such bodies when applied for, as herein provided, 
or who shall charge, receive, or accept money, or other valu- 
able consideration for the same, shall be fined in any sum not 
exceeding one hundred dollars, and not less than twenty-five 
dollars, or be imprisoned in the county jail not exceeding six 
months ; provided, however, that in no case shall the body of 
an}'- such deceased person be delivered until twenty-four hours 
after death. 

[Body of stranger or traveler.] The bodies of strangers or 
travelers, who die in any of the institutions herein named, 
shall not be delivered for the purpose of dissection, except 
said stranger or traveler belong to that class commonly known 
as tramps; and all bodies delivered as herein provided shall 
be used for medical, surgical and anatomical study only, and 
within this state. 

[Unlawful to have unauthorized body in possession; penalty.] 
And the possession of the body of any deceased person for the 
above purposes, and not authorized under this section, shall 
be unlawful, and the detention of the body of any deceased 
person, claimed by relatives or friends for the interment at 
their expense, shall also be imlawful, and the person so de- 
taining said body unlawfully, shall be fined in any sum not 



367 ORGANIC RULES. §§371-374 

exceeding one hundred dollars, nor less than twenty-five dol- 
lars, or be imprisoned in the county jail not exceeding six 
months. (93 v. 84; 78 v. 33 ; Rev. Stat. 1880; 67 v. 25, § 1.) 

§ 371. [Penalty for having unlawful possession of corpse.] 

(§ 3764.) Any person, association, or company, having unlaw- 
ful possession of the body of any deceased person shall be 
jointly and severally liable with any and all other persons, as- 
sociations, and companies that had or have had unlawful pos- 
session of such corpse in any sum not less than five hundred 
dollars and not more than five thousand dollars, to be recovered 
at the suit of the personal representative of the deceased in 
any court of competent jurisdiction, for the benefit of the 
next of kin of deceased. 

^§372, 373 (^§3765, 3766). Repealed 1880, March 26; 77 



V. 85 



§ 374. [Organic rules which may be prescribed in certain 
articles of incorporation.] (§ 3767.) An association incor- 
porated for the purpose of receiving gifts, devises or trust 
funds to erect, establish, or maintain an academy in any de- 
partment of fine arts or a gallerj^ for the exhibition of paint- 
ings or sculpture or works of art, or a museum of natural or 
other curiosities, or specimens of art or nature promotive of 
knowledge, or a law or other library, or courses of lectures 
upon science, art, philosophy, natural historj^, or law, and to 
open the same to the public on reasonable terms, or an in- 
dustrial training school, or a mechanics' institute for advancing 
the best interest (s) of mechanics, manufacturers and artisans, 
by the more general diffusion of viseful knowledge in those 
classes of the community, or homes for indigent and aged 
widows and unmarried women and whose directors or trus- 
tees may be either sex, may in its articles of incorporation 
prescribe the tenure of office of the trustees or directors, the 
made of appointing or electing successors, the administration 
and management of the property, and trust and other funds 
of the corporation, and such other organic rules as may be 
deemed expedient or acceptable to donors which shall be and 
remain the permanent organic law of the corporation. (1887, 
February 21; 84 v. 31; 83 v. 40; Rev. Stat. 1880; 75 v. 135; 
§§ 1, 3-.) 



§§ 375-378 GUIDE FOR OHIO SCHOOL OFFICERS. 368 

§ 375. [May add to the objects of the corporation; accept- 
ance of statutory provisions.] (§ 3768.) Such corporations 
may by certificate, duly acknowledged by the trustees or direc- 
tors, and filed in the office of the secretary of state, add to the 
original objects and purposes of the corporation any of the 
several objects and purposes, mentioned in the preceding sec- 
tion which were not provided for by the articles of incorpora- 
tion, and in any such corporation heretofore incorporated un- 
der the laws of the state may by certificate, reciting the or- 
ganic rules' adopted by such corporation as its permanent or- 
ganic law, and duly acknowledged by the trustees or direct- 
ors, and lodged in the office of the secretary of state, except 
the provisions of the preceding section. (1886, March 26; 83 
V. 41; 75 V. 135, § 3.) 

§376. [Authorizing certain mechanics' institute? to bor- 
row money; liability of directors and trustees.] (§ 3768-1.) 
See. 1. Any mechanics' institute, incorporated under the laws 
of this state prior to the year eighteen hundred and fifty-one, 
be and it is hereby authorized and empowered to borrow mon- 
ey, issue bonds or notes therefor, at no more than the legal 
rate of interest, and secure the same by mortgage upon its 
real estate. (82 v. 118.) 

§377. [Directors not personally liable,] (§ 3768-2.) 
Sec. 2. The directors and trustees of such corporation shall 
not be personally liable for debts contracted by virtue of this 
act. (82 V. 118.) 

§ 378. [Accounts and receipts of disbursements.] (§ 3769.) 
The officers of the corporation charged or intrusted with the 
receipts and disbursements of its funds or property shall make 
and keep like accurate and detailed accounts of such funds, 
and the receipts and disbursements thereof, as are required 
to be kept by the fund commissioners of the state ; the trustees 
shall, on or before the third Monday in January of each year, 
file with the clerk of the court of common pleas of the county 
in which the corporation is located an abstract of their ac- 
count, which abstract shall correspond in date, amount, per- 
son to whom paid, and from whom received, and on what ac- 
count, with the voucher taken or given on account of such re- 



369 DUTIES OP ATTORNEY GENERAL. §§ 379-381 

ceipts and disbursements ; tliey shall at the same time, annual- 
ly, file in such clerk's office a report of the names of the donors, 
the kind, amount, or value of gifts of each, and a brief state- 
ment of the conditions and purpoes of the gifts ; and the filing 
of such abstract and report, and the supplying of any omission 
in either, may" be enforced by order and attachment of the 
court of common pleas of the proper county, against the trus- 
tees, on motion of any respectable citizen. (75 v. 135, § 4.) 

§ 379. [Trustees ineligible to other office.] (§ 3770.) No 
trustee shall be eligible to any office or agency of the corpora- 
tion to which any salary or emoluments is attached, nor shall 
the trustees be allowed any salary, emoluments, perquisites, 
except the right of free ingress to the grounds, rooms, and 
buildings of the corporation. (75 v. 135, § 5.) 

§ 380. [Attorney general may, by action, enforce duties of 
officers.] (§ 3771.) On application to the attorney general 
of five citizens of the proper county, in writing, verified by the 
oath or affirmation of one of them, setting forth specific 
charges against any of the fiscal or other agents or trustees 
of such corporation, involving a breach of trust or duty, he 
shall give notice thereof to the trustees or agents complained 
of, and inquire into the truth of such charges, and for this 
purpose he may receive affidavits, or enforce, by process from 
the court of common pleas of Franklin county, the production 
of papers and the attendance of witnesses before him; and if, 
on testimony or other evidence, he believes the charges, or 
any of them, to be true, he shall proceed, by action in that 
court, in the name of the state, against the delinquent trustee 
or trustees, fiscal agent or agents, and, on the hearing, the court 
may direct the performance of any duty, or the removal of 
all or any of the agents or trustees and decree such other 
and further relief as may be equitable. (75 v. 135, § 6.) 

§ 381. [How number of trustees of certain colleges in- 
creased.] (§ 3771a.) The board of trustees of any university 
or college heretofore incorporated, but not under the patron- 
age of conferences or other ecclesiastical bodies of any religious 
denomination, as described in section 338 (§ 3736), may in- 
crease the number of such trustees to twenty-four, exclusive 
of the president, or a less number, and may divide said trus- 



§ 381 GUIDE FOR OHIO SCHOOL OFFICERS. 370 

tees into six classes, each class to serve six years, and one class 
to be chosen each year, for said term; but one trustee of each 
class may be chosen by the votes of the alumni of such uni- 
versity or college, if the board of trustees shall so provide by 
by-law, in which case it shall also be the duty of the board of 
trustees to provide, by such by-laws, a method of nominating 
and electing such appointee of the alumni. The president of 
such university or college shall, ex officio, be a trustee perpet- 
ually, and shall not be included in the classes going out in 
rotation. If it shall be necessary, in the first enlargement 
of the board of trustees, under this section, to distribute new 
members to the several classes, whose terms shall expire by 
rotation, the distribution may be made in such manner as the 
board may direct, so that no trustee shall be elected for a 
longer term than six years. (87 v. 188; 86 v. 341.) 



371 SCHOOLS SPECIALLY ENDOWED. S§ 382, 383 



CHAPTER 16. 

SCHOOLS SPECIALLY ENDOWED. 

Section. Sectioiv. 

§382 (4105-67) Courts of com- §384 (4105-69) Duties of trus- 

mon pleas to ap- tees. 

point trustees for §385 (4105-70) Same; oath; bond. 

schools specially § 386 (4105-71) Accounts to be 

endowed; powers rendered. 

of trustees. §387 (4105-72) Visitors. 

§383 (4105-68) Filling vacancies. §388 (4105-73) When to take ef- 
fect. 

§ 382. [Courts of common pleas to appoint trustees for 
schools specially endowed; powers.] (§4105-67.) See. 1. 
Whenever any person shall, by deed, devise, gift or otherwise, 
set apart any lands, moneys or effects, as an endowment of a 
school or academy, not previously established, and shall not 
provide for the management of such school or academy, the 
court of common pleas of the proper county shall appoint five 
trustees, who shall have the control and management of the 
property, moneys, and effects, so set apart, and of the school 
or academy thus endowed, and shall hold their offices for 
five years, and until their successors are elected and qualified; 
but in making the first appointment the court shall appoint 
one trustee for one year, one for two years, one for three years, 
one for four years, and one for five years. The trustees shall 
be a body corporate, with perpetual succession, and by such 
name as may be ordered by the court making the first ap- 
pointment ; may sue and be sued ; have a corporate seal and 
the same alter or change at pleasure, and may hold all kinds 
of estates, real and personal, and mixed, which they may ac- 
quire by purchase, donation, devise or otherwise. (53 v. 33 ; 
S. & C, 1383.) 

§383. [Filling vacancies; removal.] (§4105-68.) Sec. 2. 
The said court shall annually appoint one trustee, to fill the va- 
cancy then occurring ; and at any other time fill vacancies that 
may occur from any cause, for the unexpired term ; said court 
shall also have power upon sufficient cause shown, reasonable 



§ 384 GUIDE FOR OHIO SCHOOL OFFICERS, 372 

notice of the time and place of hearing having been given to 
the party interested, remove any trustee, and may, until a 
hearing be had, suspend a trustee in the exercise of his office. 
(53 V. 33; S. & C, 1383.) 

§384. [Powers and duties of trustees.] (§4105-69.) The 
trustees shall have power to establish, from time to time, 
rules and regulations for the management and safe-keeping 
of the property, moneys, and effects, belonging to the trust, 
and the expenditure of the income thereof, and also for the 
management and government of the school or academy; which 
rules and regulations shall not be inconsistent with the terms of 
the deed" devise or gift, creating the endowment, or with the 
laws of this state; they shall not, at any time, or for any 
cause, incur any debt or liability, beyond the net income of 
the trust property, moneys, and effects, or use or appropriate 
the same, otherwise than to invest for the purposes of income, 
any part of the principal thereof, unless expressly authorized 
so to do by the terms of the deed, devise or gift, creating 
the endowment of trust. 

[Contracts with board of education of districts in which 
school is located.] The trustees of any school heretofore es- 
tablished under the provisions of this act, and in no way 
connected with any religious or other sect, and the board of 
education of the district in which such school is situated, shall 
have power to make contracts whereby said trustees shall 
receive into said school pupils from said district, who shall 
receive such instruction as is now, or may hereafter be, pro- 
vided by law for public schools in this state ; and, in considera- 
tion of such service by said trustees, such board shall have 
authority, under the general restrictions of the law relating 
to common schools, in so far as the same are applicable and not 
inconsistent herewith, to contribute to the maintenance of 
such school, and to pay such part of the cost of the erection 
of additional buildings, and upon such conditions, not incon- 
sistent with the deed, devise or gift under which said school 
is established, as may be agreed upon by such board and such 
trustees. 

Provided that if such school shall after the making of such 
contract become sectarian or in any way connected with any 
religious or other sect such contract shall thereupon terminate, 



373 - SCHOOLS SPECIALLY ENDOWED. §§ 385-387 

and when any such contract between the trustees and the 
board of education shall for such cause terminate, no right, 
title, or interest in or to any building toward the cost of which 
the board of education shall have contributed shall pass to 
the trustees until full compensation shall have been made to 
the board of education for the contribution made by such 
board to the construction of such building. (98 v. 206.) 

§385. [Same; oath; bond.] (§4105-70.) Sec. 4. The 
trustees shall, immediately after their appointment, organize 
by appointing a president, secretary, and treasurer, from their 
own number, and shall severally take and subscribe an oath 
to faithfully discharge the duties of trustees, and deposit the 
same with the county auditor. They shall, also, before taking 
possession of the property, moneys, or effects, constituting the 
endowment or trust, severally give bond, in such sum as the 
court may require, with two or more sufficient sureties, to be 
approved by a judge of said court, whose approval shall be 
endorsed on the bonds, conditioned for the faithful manage- 
ment of the property, moneys, and effects, intrusted to them 
and accountability therefor in such form as the court or judge 
may require; and the court may, from time to time, require 
additional bonds and surety, as may appear necessarj^ for 
the preservation of the trust estate. The bonds required shall 
be payable to the state of Ohio, and deposited in the office 
of the county auditor for safe keeping. (53 v. 33; S. & C, 
1383.) 

§386. [Accounts to be rendered.] (§4105-71.) See. 5. 
The trustees shall, on the second Monday of September, in 
each year, and at such other times as the court may require, 
render a full and accurate account, statement, and exhibit, of 
the condition of the school or academy under their manage- 
ment, and the condition of the trust estate and funds; and 
shall cause the same to be published in such form as the court 
may direct; which account, statement, and exhibit, shall be 
sworn to by the president, secretary, and treasurer, or some 
two of them. (53 v. 33; S. & C, 1383.) 

§387. [Visitors.] (§4105-72) Sec. 6. The court of com- 
mon pleas of the proper county shall, annually, at the first 



§ 388 GUIDE FOR OHIO SCHOOL OFFICERS. 374 

session after the second Monday in September, appoint three 
competent and disinterested persons, who shall have authority 
to visit any such school or academy and examine the same, 
together with the condition of the trust estate or endowment, 
and shall report thereon to the court making the appointment. 
The court shall also authorize such other visitations and ex- 
aminations as may appear to be necessary. (53 v. 33; S. & C, 
1383.) 

§388. [When to take effect.] (§4105-73.) Sec. 7. This 
act shall apply to endowments heretofore created, as well as 
to those hereafter created, and shall take effect from and after 
its passage. (53 v. 33; S. & C, 1383.) 



375 



COLLEGES AND UNIVERSITIES. 



CHAPTER 17. 
COLLEGES AND UNIVERSITIES. 



Section. 
§389 (4095) 



§390 (4096) 
§391 (4097) 
§392 (4098) 

§393 (4098-1) 



§394 (4099) 

§ 395 (4100) 

§396 (4101) 

§397 (4102) 

§ 398 (4103) 

§ 399 (4104) 

§400 (4105) 

§ 401 (4105-1) 



Common council 
of any municipal 
corporation may 
accept education- 
al trusts. 

How trust funds 
to be applied. 

T r u s t e eship to 
vest in city, etc. 

Board of direc- 
tors; how ap- 
pointed. 

Appointment of 
trustees of uni- 
versities in Cin- 
cinnati supported 
by taxation in 
whole or in part. 

Powers of board; 
duties of city so- 
licitor. 

Citizens not to be 
charged for ad- 
mission of chil- 
dren ; non-resi- 
dents may be ad- 
mitted. 

Accounts of re- 
ceipts and expen- 
ditures of endow- 
ment fund; how 
said fund may be 
invested. 

When board may 
confer degrees; 
certain universi- 
ties defined. 

Site and grounds 
for universities. 

When and how 
tax may be lev- 
ied. 

Trust funds, 

board of educa- 
tion to act as 
trustee in certain 
cases; tax levy. 

Providing for the 
sale of certain 



Section. 

§402 (4105-2) 

§403 (4105-3) 

§404 (4105-4) 

§ 405 (4105-5) 

§406 (4105-6) 



§ 407 (4105-7) 



§408 (4105-8) 
§ 409 (4105-9) 



§ 410 (4105-10) 

§ 411 (4105-11) 

§ 412 (4105-12) 

§413 (4105-13) 

§ 414 (4105-14) 

§ 415 (4105-15) 

§416( 4105-16) 



Ohio university 
lands. 

Owner to receive 
deed; form of. 
Validity of such 
deed. 

Registry of deed, 
etc., to be kept. 
Proceeds to be de- 
posited in state 
treasury and be- 
come irreducible 
trust fund. 

Levy and collec- 
tion of state tax 
upon lands do- 
nated to Athens, 
Ohio, university 
for use of said 
university. 

Tax in lieu of 
rents ; tax col- 
lected from rail- 
road companies 
not to include 
tax on rolling 
stock. 

Repeal. 

E s t a b 1 ishment 
and name of 
Ohio State Uni- 
versity. 

Style and powers 
of trustees. 

Further p o w e rs 
and duties. 

Who shall be ad- 
mitted as pupils. 

Prerogative of the 
trustees. 

Officers of the 
board. 

Board may re- 
ceive devises of 
land, etc. 

Title of lands to 
be vested in the 
state, etc. 



GUIDE FOR OHIO SCHOOL OPFICEES. 



376 



Section. 

§417 (4105-17) 



Attorney general 
to be legal ad- 
viser of the 
board. 

Location of the 
college; sundry 
provisos. 

Acceptance o f 

ceded lands. 

Compensation for 
damages to lands 
may be demand- 
ed. 

Title of lands in- 
vested in trustees 
agricultural col- 
lege, etc. 

Division of un- 
sold lands into 
tracts, etc.; 
tracts to be num- 
bered and ap- 
praised. 

To be sold at pri- 
vate or public 
sale; contracts of 
sale to be record- 
ed, etc. 

Trustees of Ohio 
State University 
may erect resi- 
dence for fac- 
ulty. 

Acts repealed. 

Ohio State Uni- 
versity; estab- 
lishment of a 
school of mines; 
coui'se of study; 
school apparatus, 
etc. 

Employment and 
duties of instruc- 
tors; cabinet of 
specimens to be 
kept. 

Appropriations. 

Support of Ohio 
State University 
Law School. 

Ohio State Uni- 
versity depart- 
ment of ceram- 
ics. 
§ 431 (4105-31) Special instruc- 
tion. 
§432 (4105-32) Laboratory. 
§433 (4105-33) Expert. 
§ 434 (4105-34) Appropriations. 



§418 (4105-18) 

§419 (4105-19) 

§ 420 (4105-20) 

§421 (4105-21) 

§ 422 (4105-22) 

§ 423 (4105-23) 

§424 (4105-24) 



§ 425 (4105-25) 
§ 426 (4105-26) 



§ 427 (4105-27) 



§ 428 (4105-28) 
§429 (4105-29) 



§ 430 (4105-30) 



Section. 

§ 435 (4105-35) 



§436 (4105-36) 
§437 (4105-37) 

§ 438 (4105-38) 



§ 439 (4105-39) 

§ 440 (4105-40) 

§ 441 (4105-41) 

§ 442 (4105-42) 



§443 (4105-43) 



§ 444 (4105-44) 

§445 (4105-45) 

§ 446 (4105-46) 

§ 447 (4105-47) 

§ 448 (4105-48) 

§ 449 (4105-49) 

§450 (4105-50) 



Written analysis 
to be furnished 
by professor of 
chemistry at ag- 
ricultural college. 

To be known as 
"The Ohio State 
University." 

To be governed 
by board of 
seven trustees ; 
how and by 
whom appointed. 

Their terms of 
oflBce; to be paid 
their expenses 
while engaged in 
discharge of du- 
ties. 

Powers and duties 
of board. 

C o 1 1 e c t i ons of 
specimens. 

Meetings of board 
of trustees. 

Report of trus- 
tees; when made 
and what to con- 
tain; printing 
and distribution 
of report. 

Funds from sale 
of land-scrip to 
form part of ir- 
reducible debt, 
interest of same 
to be paid uni- 
versity. 

Board of trustees 
to fix compensa- 
tion of faculty, 
teachers, etc. 

Branches pre- 
scribed at Ohio 
State University. 

Computation and 
investment of in- 
terest. 

How interest in- 
vested. 

Trustees of Ohio 
State University 
author! zed to 
make certain 
deeds. 

Duty of auditor 
of state. 

Relief of persons 
who wrongfully 



377 



COLLEGES AND UNIVERSITIES. 



§§389,390 



Section. 

§ 459 (4105-59) Meetings of trus- 
tees; their ex- 
penses. 

§ 460 (4105-60) Powers and du- 
ties of trustees. 

§461 (4105-61) Non - sectarian 
character of de- 
partment. 

§ 462 (4105-62) Payment to uni- 
versity of state 
a p propriations; 
bond of treas- 
urer. 

§ 463 (4105-63) Annual report, an 
estimate of ap- 
propriations. 

§ 464 (4105-64) Power of member 
of general assem- 
bly to designate 
youth for free 
admission to 
such department. 

§465 (4105-65) Appropriations; 
application of 

revenues. 

§466 (4105-66) Annual appropria- 
tions for Wilber- 
force University. 

§ 389. [Common council of any municipal corporation may 
accept educational trusts.] (§ 4095.) The board of directors 
of the university, college or other educational institution of 
any municipal corporation, in the name and on behalf of such 
corporation, may accept and take any property or funds here- 
tofore or hereafter given to such corporation for the purpose 
of founding, maintaining or aiding a university, college or 
institution for the promotion of education, and upon such 
terms, conditions and trusts not inconsistent with law as the 
said board of directors may deem expedient and proper for 
that end. (97 v. 541.) 



Section. 

paid for land in 
Virginia military 
district; duty of 
auditor of state. 

§ 451 (4105-51) Appropriations. 

§ 452 (4105-52) Costs of obtain- 
ing evidence. 

§ 453 (4105-53) Report to general 
assembly. 

§454 (4105-54) Normal and in- 
dustrial depart- 
ment of Wilber- 
force University. 

„ 455 (4105-55) Board of trus- 
tees; appoint- 
ment by govern- 
or, etc. 

§456 (4105-56) Choosing of trus- 
tees by univer- 
sity board. 

§ 457 (4105-57) Vacancies. 

§ 458 (4105-58) Names of trustees 
chosen by uni- 
versity board to 
be certified to 
governor. , 



§390. [How trust funds to be applied.] (§4096.) P'or 
the further endowment, maintenance and aid of any such 
university, college or instituiton heretofore or hereafter found- 
ed, the board of directors thereof may, in the name and in be- 
half of such municipal corporation, accept and take as trustee 
and in trust for the purposes aforesaid any estate, property 
or funds which may have been or may be lawfully transferred 
to the municipal corporation for such use by any person, per- 



§391 GUIDE FOR OHIO SCHOOL OFFICERS. 378 

sons or body corporate having the same, or any annuity or 
endowment in the nature of income which may be covenanted 
or pledged to the municipal corporation, towards such use 
by any person, persons or body corporate ; and any person, per- 
sons or body corporate having and holding an estate, property 
or funds in trust or applicable for the promotion of educa- 
tion, or the advancement of any of the arts or sciences, may 
convey, assign and deliver the same to such municipal cor- 
poration as trustee in his, their or its place, or covenant or 
pledge its income or any part thereof to the same ; and any 
such estate, property, funds or income shall be held and ap- 
plied by such municipal corporation in trust for the further en- 
dowment, maintenance and aid of such university, college or 
institution, in accordance nevertheless with the terms and true 
intent of any trust or condition upon which the same was 
originally given or held. (97 v. 542.) 

§391. [Trusteeship to vest in city, etc.] (§4097.) Upon 
such transfer and the acceptance thereof by the municipal 
corporation and its successors, as trustees shall become and 
be perpetually obligated and held to observe and execute 
such trust in all respects according to any other or further 
terms or conditions lawfully agreed upon at the time of 
such transfer and acceptance; and any court having juris- 
diction of the appointment of trustees of such trust for edu- 
cational purposes, may, in a proceeding for that purpose duly 
instituted and had, appoint and constitute such municipal cor- 
poration with the consent of its council, trustee of the estate, 
property and funds so transferred to it, and may dispense 
with bond and surety upon the part of the municipal corpora- 
tion for the performance of such trust, unless the same is 
required by the original terms or conditions thereof, and shall 
upon the due transfer and acceptance of such trust by the 
municipal corporation, release and fully discharge the trustee, 
or trustees so transferring the same ; and any acceptance or 
acceptances by such municipal corporation of any or all prop- 
erty, funds, rights, trust estate or trusts heretofore given, 
granted, assigned, or otherwise conveyed or transferred to, 
or bestowed upon any such municipal corporation or to or 
upon any such university, college or institution in good faith, 
and which are still held and retained by such municipal cor- 



379 COLLEGES AND UNIVERSITIES. §§392,393 

poration, or any such university, college or institution, shall 
be held and deemed to be valid and binding as to all parties. 
(97 v. 542.) 

§392. [Board of directors; hov^r appointed.] (§4098.) The 

custody and management of any and all estates, property, or 
funds so given, or transferred in trust to . said city, and the 
entire administration of any and all such trusts so accepted 
by the common council thereof, and any university, college 
or institution for the promotion of education heretofore or 
hereafter so founded in or by said city, except the common and 
high schools thereof, shall be committed to a board of nineteen 
directors, of v^hom the mayor of the city shall be one, and 
the others shall be appointed by the common council from 
persons of approved learning, discretion, and fitness for the 
ofiice, six of whom shall be appointed from persons nominated 
to the common council by the board of education of the city, 
and twelve from persons nominated to the common council 
by the superior court of said city, if there be such court; 
the term of office of each director shall be six years. Such 
directors shall serve until the election or qualification of their 
successors; and any vacancy in the board caused by expiration 
of term, resignation, removal, or any other cause, shall be 
filled by appointment herein provided for the unexpired term. 
The board of directors shall, at the first regular meeting in 
Januaiy, elect a chairman, who is hereby authorized to adminis- 
ter the oath of office to any director so appointed. (1889, April 
13; 86 V. 292; 78 v. 178; Rev. Stat. 1880; 67 v. 86, § 3.) 

§ 393. [Appointment of trustees of universities in Cincin- 
nati supported by taxation in whole or in part.] (§ 4098-1.) 
In cities of the first grade of the first class all vacancies in the 
board of directors or trustees of universities supported in 
whole or in part by public taxation upon the property of such 
city, shall be filled by appointment by the judge or judges 
of the superior court of sucli cities where the same have a 
court; otherwise by the judge or judges of the common pleas 
court of the county in which such cities are located. (89 v. 
31.) 



§§ 394, 395 GUIDE FOR OHIO SCHOOL OFFICERS. 380 

§ 394. [Powers of board; duties of city solicitor.] (§ 4099.) 
As to all matters not herein or otherwise provided by law, 
such board of directors shall have all the authority, power and 
control vested in or belonging to such municipal corporation 
as to the management and control of the estate, property 
and funds, given, transferred, covenanted or pledged to the 
municipal corporation for the trusts and purposes aforesaid, 
and the government, conduct and control of such university, 
college or institution; it may appoint a clerk and all agents 
proper and necessary for the care and administration of the 
trust property, and the collection of the income, rents and 
profits thereof; it m.ay appoint a president, professors, tutors, 
instructors, agents and servants necessary and proper for such 
university, college or institution, and fix their compensation; 
it may provide all the necessary buildings, books, apparatus, 
means and appliances, and may pass all such by-laws, rules 
and regulations concerning the president, professors, tutors, 
instructors, agents, and servant, and the admission, govern- 
ment and tuition of students, as it may deem wise and proper, 
and it may, by suitable by-laws, delegate and commit the 
admission, government, management and control of the stu- 
dents, courses of studies, discipline and other internal affairs 
of such university, college or institution, to a faculty which 
the board of directors may appoint from amorg the pro- 
fessors. 

The solicitor of such municipal corporation shall, "" when- 
ever requested so to do by resolution of said board, prosecute 
and defend, as the case may be, for and in behalf of the cor- 
poration, all complaints, suits and controversies in which the 
corporation or such board is a party, and which relate to any 
property, funds, trusts, rights, claims, estate or affairs, which 
shall or may be under the control or direction of said board, 
or which shall, in any manner, relate to the conduct or gov- 
ernment of such university, college or institution. (97 v. 
542.) 

§ 395. [Citizens not to be charged for admission of chil- 
dren; non-residents may be admitted.] (§4100.) Citizens of 
such municipality shall not be charged for instruction in the 
academic department, except in professional courses therein. 
Such board of directors may charge fees to students in other 



381 COLLEGES AND UNIVERSITIES. §§396,397 

departments and to students in professional courses in the 
academic department, and shall have power in its discretion 
from time to time to make such university, college or insti- 
tution free in any or all of its departments to citizens of such 
county in which such university, college or institution may 
be located. The board of directors may in their discretion 
receive other students on such terms as to tuition or other- 
wise as they may see fit. (97 v. 543.) 

§ 396. [Accounts of receipts and expenditures of endow- 
ment fund; how said fund may be invested.] (§ 4101.) The 
accounts of such trust estate, property and funds, and of the 
income and expenditure thereof, shall be kept by the auditor 
of such municipal corporation entirely distinct from all other 
accounts or affairs of the municipal corporation, and the mon- 
eys shall be kept by the treasurer of the municipal corporation 
distinct from other moneys. And the said board of directors 
shall, at all times, confine their disbursements for current 
expenses within the income of the trust, estate, property and 
funds, and shall annually report to the mayor and council 
of such municipal corporation a full statement of the accounts 
of administration of such trust and other funds; and said 
board of directors is hereby authorized to invest any part of 
the funds belonging to, or set apart for the use of such 
university, college or institution, or to any department thereof, 
as it may, from time to time, deem proper, in bonds of the 
United States or of the State of Ohio, or of any municipal 
corporation in the State of Ohio, or any county or school 
district in the State of Ohio, or in any other bonds or first 
mortgage securities approved by the board of directors; and 
said board is further authorized to use any funds under its 
control for the improvement of real estate belonging to, or 
set apart for the use of, such university, college or institution. 
(97 V. 543.) 

§ 397. [When board may confer degrees ; certain universi- 
ties defined.] (§ 4102.) The board of directors of such uni- 
versity, college or institution, may, upon the recommendation 
of the faculty thereof, confer such degrees and honors as are 
customary in universities and colleges in the United States, 
and such others as with refernce to the course of studies and 



§§398, 399 GUIDE FOR OHIO SCHOOL OFFICERS. 382 

attainments of the graduates in special departments it may 
deem proper. 

A university supported in whole or in part by municipal 
taxation, is hereby defined as an asesmblage of colleges united 
under one organization or management, affording instruction 
in the arts, sciences and the learned professions, and con- 
ferring degrees. (97 v. 544.) 

§398. [Site and grounds for universities.] (§4103.) The 
council of any such municipal corporation may set apart, or 
appropriate as a site for the buildings and grounds of any 
such university, college or institution, any public grounds of 
the city not especially appropriated or dedicated by ordinance 
to any other use, any other law to the contrary notwith- 
standing; and the board of education of any such municipal 
corporation may also, for a like purpose, set apart, convey 
or lease for a term of years, any grounds or building owned 
or controlled by such board of education. Any grant for the 
use of such grounds or buildings heretofore or hereafter made 
by any council or board of education, may be modified, changed 
or extended as to the time when the same shall take effect 
and be in force, or otherwise, by agreement between said 
council, or board of education, and the board of directors 
of such university, college or institution, and said council shall 
be taken and held to be the representative of such municipal 
corporation vested with the title, right of possession and 
entire control of such property for the purposes of a new 
grant. (97 v. 544.) 

§399. [When and how tax to be levied.] (§4104.) The 
council may assess and levy annually a tax on all the taxable 
property of such municipal corporation to the amount of 
five-tenths of one mill on the dollar valuation thereof, to be 
applied by said board to the support of such university, college 
or institution, and may also levy and assess annually five 
one-hundredths of one mill on the dollar valuation thereof, 
for the establishment and maintenance of an astronomical 
observatory, or for other scientific purposes, to be determined 
by the board of directors and to be used in connection with 
such university, college or institution, the proceeds of which 
shall be applied by the board of directors for such purposes 



383 COLLEGES AND UNIVERSITIES. § § 400, 401 

exclusively; provided, however, that the taxes specified in 
this section shall only be levied and assessed when the chief 
work of such university, college or institution is the mainte- 
nance of courses of instruction, in advance of, or supple- 
mentarj^ to, the instruction authorized to be maintained in 
high schools by boards of education. Said levies shall be 
made by council at the same time, and in the same manner 
as other levies for other municipal purposes, and shall be 
certified by council and placed upon the tax duplicate in the 
same manner as other municipal levies. The funds of any 
such university, college or institution shall be paid out by 
the treasurer upon the order of the board of directors and 
the warrant of the auditor. (98 v. 128.) 

§ 400. [Trust funds, board of education to act as trustee 
in certain cases; tax levy.] (§4105.) The custody, manage- 
ment and administration of any and all estates or funds, 
given or transferred in trust to any municipality for the 
promotion of education, and accepted by the council thereof, 
and any institution for the promotion of education heretofore 
or hereafter so founded other than a university as defined by 
this act, shall be committed to, and exercised by, the board 
of education of the school district including such municipality, 
and such board of education shall be held the representative 
and trustee of such municipality in the management and con- 
trol of such estates and funds so held in trust and in the 
administration of such institution, excepting always such 
funds and estates held by any municipality which are used 
to maintain a university as defined by this act. And for the 
uses and purposes of such board of education in administering 
such trusts, the council of such municipality may annually levy 
taxes on all the taxable property of such municipal corpora- 
tion to the amount of three-tenths of one mill on the dollar 
valuation thereof. (97 v. 545.) 

OHIO UNIVERSITY (ATHENS). 

§ 401. [Providing for sale of university lands.] (§ 4105-1.) 

Sec. 1. The owner of the lands or town lots held under leases 
from the president and trustees of the Ohio University, or 
held under sale-leases or assignments by or under the original 



§ § 402 404 GUIDE FOR OHIO SCHOOL OFFICERS. 384 

lessees, may pay to the treasurer for the time being of said 
university, such sum of money, as being put at interest at 
six per cent, will yield the amount of rent reserved in the 
original lease, or in case of a division of the original tract or 
parcel leased, will equal the proper aliquot part thereof, or 
the -part agreed upon by the several owners ; providing, that 
such person so surrendering and releasing to said corporation 
shall pay the necessary expenses incident to such change of 
tenure, and procure the services of an agent to perform the 
necessary labor thereof; and upon payment of such sum and 
of all rents due upon the land, the treasurer aforesaid shall, 
on demand of such owner, give him a certificate of such pay- 
ment. (80 V. 193.) 

State Normal School, see chapter 14. 

Members of Legislature not eligible to be trustees, see section 18-1, 
P. S. 

§ 402. [Owner to receive deed; form of.] (§ 4105-2.) Sec. 
2. That such owner, upon such payment, shall be entitled 
to receive a deed of conveyance for such land by him owned, 
to be signed by the president of said corporation, counter- 
signed by its secretary, and sealed with the corporate seal of 
the university, conveying the premises in fee simple to such 
owner, or such owner may, at his option, demand and receive 
a certificate as aforesaid ; and the governor of Ohio, upon 
presentation thereof, shall execute and deliver to such owner, 
a deed in due form of law conveying the premises in fee simple 
to such owner. (80 v. 193.) 

§403. [Validity of such deed.] (§4105-3.) Sec. 3. That 
either of such deeds, so made, shall have the effect in law 
and in fact to vest in the grantee an absolute estate in fee 
simple in the premises, subject, however, to all liens, equities, 
or rights of third persons in, to or upon the premises. (80 v. 
193.) 

§404. [Registry of deed, etc., to be kept.] (§4105-4.) 
Sec. 4. It shall be the duty of such secretary to keep an 
accurate registry of all such payment, certificates and deeds, 
with an accurate description of the tract or lot of land so 
paid for or deeded; and thereafter, the lands so deeded shall 
be subject to taxation, in like manner as other freehold es- 



385 COLLEGES ANL UNIVERSITIES. §§405-408 

tates in said county ; and the original leases therefor, in so 
far as regards the land so deeded, shall cease to have force 
or effect. 80 v. 193.) 

§ 405. [Proceeds to be deposited in state treasury, and be- 
come irreducible trust fund.] (§ 4105-5.) Sec. 5. That it 
shall be the duty of the treasurer of the Ohio University, on 
or before the first day of January, next, after said receipt 
of money, to deposit the same in the state treasury upon the 
certificate of the state auditor, and the sum so deposited shall 
be added to the irreducible trust funds held by the state for 
education purposes, and interest thereon shall be paid semi- 
annually to the treasurer of said university, upon the requisi- 
tion of the state auditor. (80 v. 193.) 

§ 406. [Levy and collection of state tax upon lands donated 
to Athens University for use of said university.] (§4105-6.) 
Sec. 1. Hereafter a state tax or a tax equal to the state tax 
upon like property, shall be levied and collected upon all 
lands donated to the Ohio University, situated at Athens, 
Ohio, and held by lease from said university or by deed from 
the governor or the said university, including such parts of 
said lands as are or may be owned, occupied or used by rail- 
road companies as roadbeds, roadways, station houses, or for 
other purposes; and the said taxes when collected shall be 
paid over by the treasurer of Athens county, upon the warrant 
of the auditor of said county, to the treasurer of the Ohio 
University, for its use. (82 v. 115.) 

§ 407. [Tax in lieu of rents ; tax collected from railroad 
companies not to include tax upon rolling stock.] (§ 4105-7.) 
Sec. 2. That the tax so to be collected upon lands so held 
by lease, shall be in lieu of so much of the rents due to the 
university; and the tax so to be collected from railroad com- 
panies, and paid to the university, shall not include the tax 
upon rolling stock. (82 v. 115.) 

§408. [Repeal.] (§4105-8.) Sec. 3. That the act entitled 
"an act to refund to the Ohio University certain funds in the 
state treasury, and to provide for the future payment of the 
claims of said university," passed March 25, 1875, be and 



§§409-411 GUIDE FOR OHIO SCHOOL OFFICERS. 386 

is hereby repealed, saving however, all rights vested or re- 
quired under said act. (82 v. 115.) 

OHIO STATE UNIVERSITY (COLUMBUS). 

§409. [Establishment and style of college.] (§4105-9.) 
Sec. 1. A college, to be styled the Ohio Agricultural and 
Mechanical College, is hereby established in this state, in ac- 
cordance with the provisions of an act of congress of the 
United States, passed July 2d, 1862, entitled "an act donating 
public lands to the several states and territories which may 
provide colleges for the benefit of agricultural and mechanic 
arts," and said college to be located and controlled as here- 
inafter provided. The leading object shall be, without ex- 
cluding other scientific and classical studies, and including 
military tactics, to teach such branches of learning as are 
related to agricultural and mechanic arts. (67 v. 20.) 

See chapter 14, as to State Normal Shool. 

Right of way through Ohio University lands granted to the 
Lake Erie and Southern R'y. (88 v. 317.) 

Right of way through same along Olentangy river granted 
to Columbus for a street. (89 v. 301.) 

Acceptance of congressional appropriation of part of pro- 
ceeds af sales of public lands to certain colleges and desig- 
nating the treasurer of the Ohio State University to receive 
such moneys. (88 v. 519.) 

Professor of physics to have charge of standards of weights 
and measures ; section 142, R. S. 

Member of legislature not eligible to be trustee ; section 18-1, 
R. S. 

State forestry bureau established at the State University; 
section 409-15 R. S. 

§410. [Style and powers of trustees.] (§4105-10.) Sec. 4. 
The trustees and their successors in office shall be styled the 
"Board of Trustees of the Ohio Agricultural and Mechanical 
College," with the right as such, of suing and being sued, of 
contracting and being contracted with, of making and using 
a common seal, and altering the same at pleasure. (67 v. 20.) 

§411. [Further powers and duties.] (§4105-11.) Sec. 5. 
The board of trustees shall have power to adopt by-laws, rules 



387 OHIO STATE UNIVERSITY. §§ 412-414 

and regulations for the government of said college ; to elect 
a president; to determine the number of professors and tutors, 
elect the same, and fix their salaries. They shall also have 
power to remove the president or any professor or tutor when- 
ever the interests of the college, in their judgment, shall re- 
quire ; to fix and regulate the course of instruction, and to 
prescribe the extent and character of experiments to be made. 
(67 V. 20.) 

§412. [Who shall be admitted as pupils.] (§4105-12.) 
Sec. 7. The college shall be open to all persons over fourteen 
years of age, subject to such rules and regulations and limita- 
tions, as to numbers from the several counties of the state, 
as may be prescribed by the board of trustees; provided, that 
each county shall be entitled to its just proportion, according 
to its population. The board may provide for courses of 
lectures, either at the seat of the college or elsewhere in the 
state, which shall be free to all. (67 v. 20.) 

§ 413. [Prerogative of the trustees.] (§ 4105-13.) Sec. 8. 
The board of trustees shall have the general supervision of all 
lands, buildings, and other property belonging to said college, 
and the control of all expenses therefor; provided, always, 
that said board shall not contract any debt not previously 
authorized by the general assembly of the state of Ohio. (67 
V. 20.) 

§414. [Officers of the board.] (§4105-14.) See. 9. The 
board of trustees shall annually elect one of their number 
chairman, and in the absence of the chairman shall elect one 
of their number temporary chairman, and shall have power 
to appoint a secretary, treasurer, and librarian, and such 
other officers as the interests of the college may require, who 
may or may not be members of the board; and shall hold their 
offices for such term as said board shall fix, subject to removal 
by said board, and shall receive such compensation as the 
board shall prescribe. The treasurer shall, before entering 
upon the duties of his office give bond to the state of Ohio 
in such sum as the board may determine, which bond shall not 
be for a less sum than the probable amount that will be under 



§§ 415-418 GUIDE P^OR OHIO SCHOOL OFFICERS. - 388 

his control in any one year, conditioned for the faithful dis- 
charge of his duties and the payment of all moneys coming 
into his hands, said bond to be approved by the attorney 
general of the state. (67 v. 20.) 

§ 415. [Board may receive devises of land, etc.] (§ 4105-15.) 
Sec. 11. The board of trustees shall have power to receive, 
and hold in trust, for the use and benefit of the college, any 
grant or devise of land, and any donation or bequest of money 
or other personal property, to be applied to the general or 
special use of the college; all donations or bequests of money 
shall be paid to the state treasurer, and invested in the same 
manner as the endowment fund of the college, unless otherwise 
directed in the donation or bequest. (67 v. 20.) 

§ 416. [Title of lands to be vested in the state, etc.] 

(§ 4105-16.) Sec. 13. The title for all lands for the use of 
said college, shall be made in fee simple to the state of Ohio, 
with covenants of seizin and warranty, and no title shall be 
taken to the state for the purposes aforesaid until the attorney 
general shall be satisfied that the same is free from all defects 
and incumbrances. (67 v. 20.) 

§ 417. [Attorney general to be legal adviser of the board.] 

(§ 4105-17.) Sec. 15. The attorney general of the state shall 
be the legal adviser of said board of trustees, and he shall 
institute and prosecute all suits in behalf of the same, and 
shall receive the same compensation therefor as he is entitled 
to by law for suits brought in behalf of the asylums of the 
state. (67 v. 20.) 

§ 418. [Location of the college ; sundry provisos.] 

(§ 4105-18.) See. 17. It shall be the duty of the board of 
trustees to permanently locate said agricultural and mechani- 
cal college upon lands, not less than one hundred acres, which 
in their judgment is best suited to the wants and purposes of 
said institution, the same being reasonably central in the state, 
and accessible by railroad from different parts thereof, having 
regard to healthiness of location, and also regarding the best 
interests of the college in the receipt of moneys, lands, or 
other properties donated to said college by any county, town, 



389 OHIO STATE UNIVERSITY. §§419,420 

or individual, in consideration of the location of said college 
at a given place; provided, it shall require a three-fifths vote 
of the trustees to make said location; and, provided further, 
that said location shall be made on or before the fifteenth day 
of October, 1870; provided, further, that any person acting 
as a trustee, who shall accept or receive, directly or indirectly, 
any sum or amounts from any person or persons, to use their 
influence in favor of the location of said college at any par- 
ticular point or place, shall be held to be guilty of a misde- 
meanor, and on conviction thereof by any court of competent 
jurisdiction, shall be fined in any sum not less than one thou- 
sand nor more than ten thousand dollars; provided, further, 
that in the location of said college the said trustees shall not 
in any event incur any debt or obligation exceeding forty 
thousand dollars; and if, in their opinion, the interests of the 
college can not be best promoted without a larger expenditure 
for the location than that sum, then they may delay the perma- 
nent location of the same until the third Monday of January, 
1871, and report their proceedings and conclusions to the 
general assembly; provided, further, that said college shall 
not be located until there are secured thereto for such location, 
donations in money, or unincumbered lands, at their cash 
valuation, whereon the college is to be located, or in both 
money and such lands, a sum equal to at least one Hundred 
thousand dollars. (67 v. 120.) 

§ 419. [Acceptance of ceded lands.] (§ 4105-19.) Sec. 1. 
The unsurveyed and unsold lands ceded to the state of Ohio 
by a certain act of congress of the United States, approved 
February 18, 1871, situate and being in the Virginia Military 
district between the great Scioto and the Little Miami rivers 
in said state, be and the same are hereby accepted by the state 
of Ohio, subject to the provisions of said act. (70 v. 107.) 

§ 420. [Compensation for damages to lands may be demand- 
ed, etc.] (§4105-20.) Sec. 2. The trustees of the Ohio ag- 
ricultural and mechanical college are hereby authorized to 
demand from all persons who have destroyed or converted 
any timber growing upon the lands ceded to the state of Ohio, 
as stated in the act to which this is supplementary, since the 
date of said act of Congress ceding said lands to the state of 



§ 421 GUIDE FOR OHIO SCHOOL OFFICERS. 390 

Ohio, full compensation for the timber so destroyed or con- 
verted, and for all damages, and if payment shall be refused, 
to institute proper proceedings in the name of said Ohio 
Agricultural and Mechanical College, in any court of com- 
petent jurisdiction, to recover the same with damages and costs 
of suit; provided, that the provisions of this section shall not 
apply to timber taken from the one hundred and sixty acres 
by any person who shall obtain the title to the same under 
section three of this act. (70 v. 107.) 

§ 421, [Title of lands invested in trustees of agricultural 
college, etc.] (§4105-21.) Sec. 3. The title of said lands is 
hereby vested in the trustees of the Ohio Agricultural and 
Mechanical College for the benefit of said college ; and said 
trustees are hereby required to cause a complete survey of 
said lands to be immediately made, and a correct plat thereof 
to be returned to said trustees, and to ascertain and set off, 
in reasonably compact form, by accurate boundaries to each 
occupant who was in actual possession of and living upon any 
of said lands at the time of the passage of said act of Con- 
gress, as provided therein, or their heirs and assigns, a tract 
not exceeding forty acres; and upon the payment, by the 
claimant, of the cost of surveying and making the deed, the 
said trustees shall make and deliver to said claimant a deed 
for said tract; and if any such occupant shall have been in 
such actual possession of more than forty acres, and is desir- 
ous of holding the same, he shall be entitled to have in addition 
to said forty acres, any number of acres not exceeding, with 
said forty acres, the number of one hundred and sixty acres, 
to be in reasonably compact form, by paying for the said ex- 
cess over forty acres, the sum of one dollar per acre; and if 
any claimant under the provisions of this act shall desire to 
purchase any tract of land adjoining said forty acres, not 
exceeding, including said forty acres, the amount of one hun- 
dred and sixty acres, of which said claimant shall have been 
in actual possession, but does not desire to purchase the same 
at one dollar per acre, said trustees, upon notice by said claim- 
ant, shall cause said tract or part of tract to be sold separate 
from other tracts of land at a valuation fixed upon by the 
appraisers named in this act, payable one-third at the date of 
the survey, and the residue in two equal annual installments. 



391 OHIO STATE UNIVERSITY. § 422 

with interest at six per cent., payable annually, and upon 
full payment being made with the cost of survey and con- 
veyance, said trustee shall make and deliver to such claim- 
ant, his or her heirs or assigns, a deed for said excess over 
forty acres; provided, that any person claiming the benefit 
of the provisions of this section as occupant, shall comply 
in all respects with, and be subject to the provisions of the 
thirteenth section of the act of Congress, approved September 
4, 1841, entitled an act to appropriate the proceeds of the 
sales of the public lands and to grant pre-emption rights, and 
to the rules and regulations of the general land office of the 
United States relating to proof for the establishment of pre- 
meptor's claims; provided, however, that the affidavit required 
by said thirteenth section of said act of Congress may be made 
before any justice of the peace or other affieer authorized to 
administer oaths. (70 v. 107.) 

§ 422. [Division of unsold lands into tracts, etc. ; tracts to 
be numbered and appraised.] (§ 4105-22.) Sec. 4. All the 
unsurveyed and unsold lands in said military district, not 
occupied as aforesaid, shall be divided by said trustees into 
such tracts, not exceeding five hundred acres in any one bound- 
ary, as will be most advantageous, reference being had to 
the quality of said lands and the uses to which they will be 
applied; the boundaries to all such tracts and divisions shall 
be accurately surveyed, and the lines of each tract plainly 
marked, and substantial stone monuments firmly placed at the 
principal corners. The character of the soil, water courses, 
elevation of hills, timber, ledges, or stratas of the Waverly 
building stone, iron ore, fire clay, and limestone, shall be fully 
noted by the surveyors on their plats and in their field books. 
All tracts so divided and surveyed shall be numbered in con- 
secutive order, commencing with the tracts in Adams county, 
and so continuing until all said lands in said district shall be 
platted and numbered ; which number shall be shown upon the 
plats, and the said plats shall correctly indicate all township 
lines. The said lands, when so divided, surveyed and num- 
bered, shall be appraised in separate tracts at their true value 
in money, by three qualified freehold residents in said state, 
to be summoned by said trustees, or any committee of theirs. 
Said appraisers before entering upon their duties, shall take 



§ 423 GUIDE FOR OHIO SCHOOL OFFICERS. 392 

and subscribe an oath before competent authority honestly 
and impartially to appraise all such lands, and to perform 
all other duties in relation thereto; they shall each be paid 
two dollars a day for their services, and their expenses al- 
lowed them; they shall make due return of all their appraise- 
ments to said trustees, which, with all said plats and surveys, 
shall be delivered by them to the auditor of state, and the 
same shall be recorded in the office of said auditor in suitable 
books to be provided for such purpose; which, with all such 
original plats, surveys, and papers, shall form a part of the 
public records of the state in the land department of said 
office. (70 V. 107.) 

§423. [To be sold at private or public sale; contracts of 
sale to be recorded, etc.] (§ 4105-23.) Sec. 5. And the said 
trustees are hereby authorized and required to sell all of said 
lands at public or private sale, at a price not less than the 
appraised value thereof, on such terms for cash and credit as 
may be agreed upon between the purchaser and said trustees, 
or any authorized agent of theirs; provided, that the first 
payment shall, in every case, be not less than one-third of the 
appraised value of such tract ; all deferred payments shall bear 
six per cent, interest, to be paid annually, and said trustees 
may, in their discretion, extend subsequent annual payments 
through a period not exceeding five years. All public sales 
of said lands shall be by auction, at the front door of the 
court house of the county in which these lands so offered lie, 
after having been advertised five consecutive weeks in a news- 
paper published and generally circulated in such county; such 
notices of sale shall contain a suificient description of the 
premises to clearly identify the same, with a statement of the 
terms of payment and the amount of appraisement, and all 
such public sales shall be made at such times as said trustees 
shall deem expedient ; and in case such land or any tract there- 
of shall not sell for the amount of the appraisement at such 
public sale, then upon the same being again offered as afore- 
said at public sale, the same may be sold for any sum not less 
than three-fourths of the appraisement; provided, that no 
trustee of said college or appraiser of said land shall be the 
purchaser of any of said lands at any such sale or sales, direct- 
ly or indirectly. The said trustees shall cause all contracts 



393 OHIO STATE UNIVERSITY. §§ 424. 425 

for the sale of said lands to be printed or written in a book 
or books, stating the consideration and terms of all sales, 
which said contracts shall be signed in duplicate by the said 
trustees or any authorized agent of theirs, and by the pur- 
chaser or purchasers, one copy of which shall be preserved 
in said book, and the other shall be delivered to the purchaser 
at the time the same shall be signed ; and every purchaser 
shall execute his promissory note or notes, with interest, pay- 
able as aforesaid, for all deferred payments, which notes shall 
be non-negotiable, and payable to said college at such place or 
places as may be directed by said trustees ; and upon full 
payment being made by the purchaser, his heirs or assigns, 
for any such land, every such person shall be entitled to re- 
ceive a conveyance therefor in fee simple by deed of said 
trustees, executed by the president of the board, under the 
corporate seal of said college ; and all lands disposed of under 
the provisions of this act, shall be returned by said trustees 
to the auditor of the counties in which they are situate, and 
by them be placed on the duplicate for taxation. (70 v. 107.) 

§ 424. [Trustees of Ohio State University may erect resi- 
dences for faculty.] (§4105-24.) The proceeds of the sales 
of such lands, or so much thereof as may be necessary after 
the payment out of the same of all the necessary expenses of 
survey and sale remaining uncertified into the treasury of 
said state, may be used by said trustees in building and main- 
taining upon the lands of said university a suitable number 
of houses, adapted to use as family residences, for the use 
of members of the faculty of said university, for which use 
a fair and reasonable rent shall be paid to said university. 
Said buildings shall be erected under the provisions of title 
six of the Revised Statutes of Ohio ; and the said trustees 
shall annually report to the governor a detailed statement of 
receipts and disbursements in the execution of the trusts under 
the provisions of this act. (1882, April 17; 79 v. 144; Rev. 
Stat. 1880; 70 v. 107.) 

§425. [Acts repealed.] (§4105-25.) See. 7. The act en- 
titled an act to sell lands ceded to the state of Ohio by the 
Congress of the United States by act of Congress, approved 
February 18, 1871, passed IMarch 26, 1872, and the act sup- 



§§426,427 GUIDE FOR OHIO SCHOOL OFFICERS. 394 

plementary thereto and amendatory thereof, passed April 29, 
1872, be and they are hereby repealed; provided, that the 
passage of this act shall in no wise affect the validity of the 
transactions of said board of trustees, or rights vested in any. 
person, under the provisions of said acts; and this act shall 
take effect and be in force from and after its passage. (70 v. 
107.) 

§ 426. [Ohio State University; establishment of a school of 
mines; course of study; apparatus, etc.] (§ 4105-26.) Sec. 1. 
The trustees of the Ohio State University be and they are 
herebj^ required to establish in said university, a school of 
mines and mine engineering, in which shall be provided the 
means for studying scientifically and experimentally the sur- 
vey, opening, ventilation, care and working of mines; and 
said school shall be provided with a collection of drawings, 
illustrating the manner of opening, working, and ventilating 
mines, and with the necessary instruments for surveying, 
measuring air, examining and testing the noxious and poison- 
ous gases of mines, and also with the models of the most im- 
proved machinery for ventilating and operating all the various 
[kinds] of mines with safety to the lives and health of those 
engaged. Said school shall also be provided with complete 
mining labora.tories for the analysis of coals, ores, fire clays 
and other minerals, and with all the necessary apparatus for 
testing the various coals, ores, fire clays, oils, gases, and other 
minerals. (1888, April 4; 85 v. 155; Eev. Stat. 1880; 74 v. 
216.) 

§427. [Employment and duties of instructors; cabinet of 
specimens to be kept.] (§4105-27.) Sec. 2. Said trustees 
shall employ competent persons to give instruction in the 
most improved and successful methods of opening, [and operat- 
ing] surveying and inspecting mines, including the methods 
and machinery employed for extracting coal, ore, fire clay, 
oil, gas and other minerals from the pit's mouth and for 
facilitating the ascent and descent of workmen, the draining 
and freeing of mines from water, the causes of the vitiation 
of air, the quantities of fresh air required under various cir- 
cumstances, natural ventilation, mechanical ventilation by 
flues and fans, and other ventilating machinery, the use of 



395 OHIO STATE UNIVERSITY. § § 428-430 

air engines, air compressors and coal cutting machinery ; also 
instruction in the various uses of coals, ores, fire clays, oils, 
gases and other minerals, and the methods of testing, analyz- 
ing and assaying such minerals; also the methods employed 
in metallurgical and other processes in the reduction of ores 
and in determining the qualities of metals, particularly iron 
and steel, as shown by practical and laboratory tests; and 
there shall be kept in a cabinet properly arranged for ready 
reference and examination, suitably connected with said school 
of mines samples of the specimens from the various mines in 
the state, Avhich may be sent for analysis, together with the 
names of the mines and their localities in the counties from 
which they were sent, and the analysis and a statement of 
their properties attached (it shall also be his duty to furnish 
analysis of all minerals found in the state and sent to him 
for that purpose by residents of this state). (1888, April 4; 
85 V. 155; Rev. Stat. 1880; 74 v. 216.) 

§428. [Appropriation.] (§4105-28.) Sec. 3. There is 
appropriated out of the general revenue fund the sum of three 
thousand five hundred dollars to be expended in the equip- 
ment, support and maintenance of said school of mines as 
provided for in the first and second sections of this act. (1888, 
April 4; 85 V. 155; Rev. Stat. 1880; 74 v. 216.) 

§ 429. [Support of Ohio State University law school.] 

(§ 4105-29.) Sec. 1". The board of trustees of the Ohio State 
University are hereby authorized and empowered to appropri- 
ate annually, for the period of ten years, to the support and 
maintenance of the school of law of the Ohio State University, 
out of the fund derived under section 3951 (§ 51) of the 
Revised Statutes of Ohio, amended March 20, 1891 (88 0. L., 
159), a sum not exceeding five thousand dollars, in addition 
to the sum derived from the tuition fees of the students in said 
school of law. (90 v. 253.) 

§ 430. [Ohio State University department of ceramics.] 

(§ 4105-30.) Sec. 1. The trustee of the Ohio State University 
be and they are hereby required to establish in said university 
a department of ceramics, equipped and designed for the tech- 
nical education of clay, cement and glass workers, in all branch- 



§§431-433 GUIDE FOR OHIO SCPIOOL OPFICEES. 396 

es of the art which exist in this state, or which can be profitably 
introduced and maintained in this state from the mineral re- 
sources thereof, including the manufacture of earthenwares, 
stonewares, yellowwares, whitewares, china, porcelain and or- 
namental pottery, also the manufacture of sewer pipe, fireproof- 
ing, terracotta, sanitary claywares, electric conduits and spe- 
cialties, firebricks and all refractory materials, glazed and 
enameled bricks, pressed bricks, vitrified paving material, as 
well as the most economic methods in the production of the 
coarser forms of bricks used for building purposes ; also the 
manufacture of tiles used for paving, flooring, decorative wall- 
paneling, roofing and draining purposes, also the manufacture 
of cement, concrete, artificial stone and all kinds of glass 
products and all other cla,y industries represented in our limits. 
(91 V. 164.) 

§431. [Special instruction.] (§4105-31.) Sec. 2. Said 
department shall ofi^er special instruction to clay workers on 
the origin, composition, properties and testing of clays, the 
selection of materials for different purposes, the mechanical 
and chemical preparation of clays, the laws of burning clays, 
the theory and practice of the formation of clay bodies, slips 
and glazes, and the laws which control the formation and 
fusion of silicates. (91 v. 164.) 

§432. [Laboratory.] (§4105-32.) See. 3. Said depart- 
ment shall be provided with an efficient; laboratory designed 
especially for the practical instruction of clay workers in the 
list of subjects enumerated in the second section of this act, 
and also equipped to investigate into the various troubles 
and defects incident to every form of clay working, which 
can not be understood or avoided except by use of such scien- 
tific investigation. Said laboratory shall be equipped with 
apparatus for chemical analysis, with furnaces and kilns for 
pyrometric and practical trials, with such machinery for the 
grinding, washing and preparation of clays for manufacture 
as is consistent with the character of the department. (91 v. 
164.) 

§433. [Expert.] (§4105-33.) Sec. 4. Said trustees shall 
employ to conduct this department of ceramics a competent 



397 OHIO STATE UNIVERSITY. §§ -134-437 

expert, who shall unite to the necessary education and scien- 
tific requirements, a thorough practical knowledge of clay 
working, and not less than two years' actual experience in 
some branch of the art. It shall be his duty to teach the 
theoretical part of the subject and to conduct the laboratory 
for the instruction of students, and also to prosecute such 
scientific investigation into the technology of the various clay 
industries as may be practicable, and from time to time to 
publish the results of his investigations in such form that they 
will be accessible to the clay workers of the state for the ad- 
vancement of the art. (91 v. 164.) 

§434. [Appropriations.] (§4105.) Sec, 5. There shall 
be hereafter appropriated out of the general revenues of the 
state the sum of five thousand dollars, to be expended in the 
organization, equipment and maintenance of said department, 
as provided for in the first four sections of this act, for the 
current year, and there shall be appropriated from the same 
fund the sum of two thousand five hundred dollars annually 
for two years for the salary, supplies and all Other expenses 
of maintenance of said department. (91 v. 164.) 

§ 435. [Written analysis to be furnished by professor of 
chemistry at agricultural college.] (§ 4105-35.) Sec. 2. It 
shall be the duty of the professor occupying the chair in the 
chemical and mechanical department of the Ohio agricultural 
and mechanical college, upon application, to make and give a 
written analysis of such artificial fertilizers as may be fur- 
nished to him for that purpose. (75 v. 91.) 

§436. [To be known as "The Ohio State University."] 

(§ 4105-36.) Sec. 1. The educational institution heretofore 
designated as the Ohio Agricultural and Mechanical College 
shall be known and designated hereafter as ''The Ohio State 
University." (75 v. 126.) 

§ 437. [To be governed by board of seven trustees ; how and 
by whom appointed.] (§ 4105-37.) Sec. 2. The government 
of said university shall be vested in a board of seven trustees, 
who shall be appointed by the governor of the state, with the 
advice and consent of the senate ; but no trustee, or his relation 



§§ 438-440 GUIDE FOR OHIO SCHOOL OFFICERS. 398 

by blood or marriage, shall be eligible to any professorship 
or position in the university, the compensation for which is 
payable out of the state treasury, or said college fund. (75 
V. 126.) 

§ 438. [Their terms of office; to be paid their expenses while 
engaged in the discharge of duties.] (§ 4105-38.) Sec. 3. The 
members of said board of trustees and their successors shall 
hold their offices for the term of seven years each ; provided, 
that the trustees first appointed under the provisions of this 
act shall hold their terms for one, two, three, four, five, six, 
and seven years, respectively, to be fixed by the governor in 
their commissions. In case a vacancy shall occur from death 
or other cause, the appointment shall be for the unexpired 
term. The trustees shall not receive any compensation for 
their services, but they shall be paid their reasonable and 
necessary expenses while engaged in the discharge of their 
official duties. (75 v. 126.) 

§ 439. [Powers and duties of board.] (§ 4105-39.) Sec. 4. 
The board of trustees shall have power, and it is made their 
duty, to collect, or cause to be collected, specimens of the 
various cereals, fruits, and other vegetable products, and to 
have experiments made in their reproduction upon the lands 
of the university, and to make report of the same, from year 
to year, together with such other facts as may tend to advance 
the interests of agriculture. (75 v. 126.) 

§440. [Collections of specimens.] (§4105-40.) Sec. 5. 
The board of trustees shall have power, and it is hereby made 
their duty to secure and keep in the said university a collection 
of specimens in mineralogy, geology, zoology, botany, and 
other specimens pertaining to natural history and the sciences ; 
and it shall be the duty of the president of the university to 
collect and deposit in the said university, in such manner as 
shall be directed by the trustees, a full and complete set of 
specimens as collected by him and his assistants, together with 
a brief description of the character of the same, and where 
obtained; and the said specimens shall be properly classified 
and kept for the benefit of said university. (75 v. 126.) 



399 OHIO STATE UNIVERSITY. §§ 441,442 

§ 441. [Meetings of board of trustees.] (§ 4105-41.) Sec. 6. 
The first meeting of the members of the board shall be called 
by the governor, as soon after the appointment of said board 
as convenient, to be held at said university, in Columbus, 
Ohio. All succeeding meetings shall be called in such manner, 
and at such times as the board may prescribe. The said board 
shall meet at least three times annually, and at such other 
times as they may think necessary for the best interests of 
the said university. A majority of the board of trustees pres- 
ent at any meeting shall constitute a quorum to do business; 
provided, a majority of all the board shall be required to elect 
or remove a president or professor. (75 v. 126.) 

§ 442. [Annual report of trustees ; fiscal year ; printing and 
distribution of report.] (§4105-42.) Sec. 7. The board of 
trustees shall cause to be made on or before the first of October 
of each year a report to the governor of the condition of said 
university; the amount of receipts and disbursements, and for 
what the disbursements were made; the number of professors, 
officers, teachers, and other employes and the position and 
compensation of each : the number of students in the several 
departments and classes, and the course of instruction pur- 
sued in each ; also an estimate of the expenses for the ensuing 
year; a statement showing the progress of the university, re- 
cording any improvements and experiments made, with their 
costs and the results, and such other matters as may be sup- 
posed useful. Said annual report shall be for the year ending 
June 30, and the said Ohio State University is hereby ex- 
empted from the provisions of section 172, Revised Statutes 
of Ohio. There shall be printed under the provision of section 
58 of the Revised Statutes of Ohio, as amended May 1, 1891 
(0. L. V. 88, p. 498), five thousand copies of the said annual 
report, to be distributed by the trustees in such manner as 
they shall deem best for the interest of said university. The 
president of said university shall submit by mail one copy to 
the secretary of the interior, one copy to the secretary of ag- 
riculture, and one copy to each of the colleges which are, or 
may be endowed under the provisions of the act of congress 
of July 2, 1862. (90 v. 292; 75 v. 126.) 



§ § 443-436 GUIDE FOE OHIO SCHOOL OFFICERS. 400 

§ 443. [Funds from the sale of land script to form part of 
irreducible debt; and interest of same paid to university.] 

(§ 4105-43.) Sec. 8. All funds derived from the sale of land 
script issued to the state of Ohio by the United States, in 
pursuance of the aforesaid act' of congress, together with the 
interest accumulated thereon, shall constitute a part of the 
irreducible debt of this state, the interest upon which, as pro- 
vided by the act of February 10, 1870 (0. L., vol. 67, p. 15), 
shall be paid to the university by the auditor of state, upon 
the requisition of the commissioners of the sinking fund, issued 
on the certificate of the secretary of the board of trustees, 
that the same has been appropriated by said trustees to the 
endowment, support, and maintenance of the university, as 
provided in the act of congress aforesaid. (75 v. 126.) 

§ 444. [Compensation of president, professors, teachers, 
etc.] (§ 4105-44.) Sec. 9. That said board of trustees shall 
fix the compensation for the president, professors, teachers 
and all other employes of the university, provided, that the 
compensation for the services of the professors shall not exceed 
twenty-five hundred dollars each per annum. (91 v. 74; 75 v. 
126.) 

§ 445. [Branches prescribed at Ohio State University.] 

(§4105-45.) Sec. 10. It shall be the duty of the board of 
trustees, in connection with the faculty of the university, to 
provide for the teaching of such branches of learning as are 
related to agriculture and the mechanic arts, mines, and mine 
engineering, and military tactics, and such other scientific and 
classic studies as the resources of the fund will permit. (1880, 
April 15; 77 v. 227; Rev. Stat, 75 v. 126.) 

§ 446. [Computation and investment of interest.] 

(§4105-46.) Sec. 1. The auditor of state be and is required 
to compute the interest which has accrued and will accrue on 
the agricultural college scrip fund since the same has been 
sold, to July first, one thousand eight hundred and seventy, 
compounding the same by semi-annual rests on the first day 
day of January and the first day of July in each year; and on 
the fifteenth day of June eighteen hundred and seventy to 
transfer the sum so arising to the said college fund, and in- 



401 OHIO STATE UNIVERSITY. §§447-450 

vest the same in the interest-bearing bonds of the State, in 
the same manner as the principal of the said fund is now 
invested. (67 v. 15.) 

§447. [How interest invested.] (§4105-47.) See. 2. That 
on the first day of July, eighteen hundred and seventy, and 
every six months thereafter (viz: on the first day of January 
and July, respectively) the auditor of state shall invest the 
interest of said funds falling due in the same manner as the 
principal now invested. (67 v. 15.) 

§ 448. [Trustees of Ohio State University authorized to 
make deeds.] (§4105-48.) Sec. 1. As soon as the board of 
trustees of the Ohio State University accepts the provisions 
hereinafter made, it is hereby authorized and required to 
execute and deliver upon demand, a deed of conveyance to 
the parties in possession under claim of title of any unpatented 
survey or part thereof, in said Virginia Military District; 
provided, however, that all applicants for such deed must fur- 
nish said trustees with a certified copy of the deed under 
which they claim, and if required, a certified copy of the un- 
patented survey in which their lands are situate, as the nec- 
essary evidence to satisfy the board that the same has never 
been patented, but has been occupied and improved by the 
said parties in possession or those under whom they claim 
title, for more than twenty-one years. Provided, also, that 
each applicant shall pay the board of trustees the sum of 
two dollars, as the cost of preparing and executing such deed. 
(86 V. 92.) 

§449. [Duty of auditor of state.] (§4105-49.) See. 2. 
The auditor of state shall add the sum of one dollar per acre, 
reckoned by the number of acres of land in each actual survey 
for all conveyances so made to that part of the irreducible 
debt of the state, which forms the endowment of said Ohio 
State University; provided, that in cases where suit has been 
brought for the recovery of said lands, persons demanding 
deeds of release, shall pay all court costs of such suits. (86 v. 
92.) 

§ 450. [Relief of persons who wrongfully paid for lands in 
Virginia Military District; duty of auditor of state.] 



§§ 451-453 GUIDE FOR OHIO SCHOOL OFFICERS. 402 

(§4105-50.) Sec. 1. All persons who were in possession of 
lands in the Virginia Military District under claim of title 
of an unpatented survey or part thereof, said lands having 
been occupied and improved by said persons in possession or 
those under whom they claim title for more than twenty-one 
years and were compelled by suit, or the fear thereof, to pay 
the Ohio State University for said lands, are hereby author- 
ized to present a statement of the amount of money so paid 
by them, together with all the facts relating to the land held 
by them and their title thereto, to a board composed of the 
secretary of state, auditor of state and attorney general, who 
are hereby authorized and empowered to examine such state- 
ments and call for and examine such other testimony as they 
see fit, and if upon such examination said board are satisfied 
that said persons are justly entitled to relief as those persons 
were who have obtained relief under the provisions of the 
aforesaid act, then said board shall determine how much said 
party has wrongfully paid and issue and order to the auditor 
of state directing him to draw his warrant on the treasurer 
of state for the said amount in behalf of the person filing 
said statement; provided, that where such claims have been 
heretofore as (or) shall hereafter be allowed by said board, 
the auditor of state shall add the amount thereof to that part 
of the irreducible debt of the state which constitutes the 
endowment fund of said Ohio State University. (91 v. 375; 
90 v. 221.) 

§451. [Appropriation.] (§4105-51.) Sec. 2. That there 
be and is hereby appropriated, out of any money in the state 
treasury accredited to the fund of the Ohio State University, 
the sum of twelve hundred and ninety-six dollars to pay said 
warrants. (90 v. 221.) 

§452. [Costs of obtaining evidence.] (§4105-52.) Sec. 3. 
That persons filing such statements shall pay all the costs 
incurred in obtaining evidence. (90 v. 221.) 

§453. [Report to general assembly.] (§4105-53.) Sec. 4. 
Said board shall report all its proceedings to the general as- 
sembly. (90 V. 221.) 



403 WILBERFORCE UNIVERSITY. §§454-456 

WILBERFORCE UNIVERSITY. 

§ 454. [Normal and industrial department at Wilberf orce 
University.] (§4105-54. Sec. 1. There shall be established 
and maintained at Wilberforce University, in Greene county, 
Ohio, a combined normal and industrial department. (84 v. 
127.) 

§455. [Board of trustees; appointment by governor, etc.] 

(§ 4105-55.) Sec. 2. To carry out the purposes of this act, 
there shall be and hereby is created a board of nine trustees 
to be known as "the board of trustees of the combined normal 
and industrial department at Wilberforce University," five 
shall be appointed by the governor by and with the consent 
of the senate, and three shall be chosen by the board of trus- 
tees of said universit}^ The president of the university shall 
be ex officio a member of said board. The trustees so to be 
appointed by the governor, as aforesaid, shall be appointed, 
on or before the first day of May, 1896, and they shall hold 
their office respectively as follows : One for one year, two 
for two years, and two for four years the term of such to begin 
to run from July first, 1896 ; said term shall be designated by 
the governor in his message of appointment to the senate and 
in the commission issued to said trustees. At the session of 
the senate next preceding the expiration of the term of any 
trustee, the governor shall appoint his successor for the term 
of four years ; and every appointment of the governor under 
this act shall be submitted to the senate for confirmation. (92 
V. 275; 89 V. 368; 87 v. 215; 84 v. 127.) 

§ 456. [Choosing of trustees by university board.] 

(§ 4105-56.) Sec. 3. The three trustees to be chosen as afore- 
said by the board of trustees of said university shall be chosen 
at the first regular meeting of said board in June, 1892, after 
the passage of this act ; and the three so chosen at such meet- 
ing, shall hold their offices, respectively, as follows: One for 
one year, one for two years, and one for three years, and the 
term of each to begin to run from the third Thursday in June, 
1892. In anticipation of the expiration of the term of any 
trustee so chosen, the said university board shall, annually 
thereafter at its regular meeting choose his successor, who 



§§ 457-460 GUIDE FOR OHIO SCHOOL OFFICERS. 404 

shall hold his office for (the) term of three years. (89 v. 368; 
84 V. 127.) 

§457. [Vacancies.] (§4105-5-7.) See. 4. In case a vacan- 
cy in that portion of the board so appointed by the governor 
or chosen by the university board shall occur from death, resig- 
nation, or other cause, the appointment or selection to fill such 
vacancy shall be made in the one case by the governor, and in 
the other by the executive board of said university for the 
unexpired term. (84 v. 127.) 

§ 458. [Names of trustees chosen by university board to be 

certified to governor.] (§ 4105-58.) Sec. 5. It shall be the 
duty of the secretary of the said university, immediately upon 
choice being made by the university board of three trustees 
as aforesaid, to certify to the governor, under the seal of 
said university, the names of the persons so chosen as trustees 
under this act, with their terms, respectively; and also the 
name of the person chosen by said executive board at any 
time to fill a vacancy. (84 v. 127.) 

§459. [Meetings of trustees; their expenses.] (§4105-59.) 
Sec. 6. The board of trustees created under this act shall meet 
in regular session at said university twice a year; the first 
meeting shall be on the third Thursday in June, and the second 
on the first Thursday in November of each year; but other 
meetings may be held at such places and times as a majority 
of the board may determine. The said trustees shall receive 
no compensation, but shall be reimbursed their traveling and 
other reasonable and necessary expenses out of appropriations 
under this act. (89 v. 368; 84 v. 127.) 

§460. [Powers and duties of trustees.] (§4105-60.) Sec. 
7. It shall be the duty of said board of trustees created 
under this act to take, keep and maintain exclusive authority, 
directions, supervision and control over the operations and 
conduct of said normal and industrial department, so as to 
assure for it the best attainable results with the aid hereby 
secured to it from the state. Said board shall determine the 
branches of industry to be pursued, purchase, through a suit- 
able and disinterested agent, the necessary means and appli- 



405 WILBERFOECE UNIVERSITY. §§ 461-463 

ances, select a superintendent for tlie industrial branch of 
the department, fix his salary and prescribe his duties and 
authority. The expenditures of all moneys appropriated imder 
this act for carrying out its purpose and provisions, shall be 
made only under such regulations and for such specific pur- 
poses not herein provided for, as the board of trustees of 
said department shall establish; but no money hereby appro- 
priated by the state shall be used at any time for any pur- 
pose not in direct furtherance and promotion of the objects 
of the department. (84 v. 127.) 

§ 461. [Non-sectarian character o f department.] 

(§4105-61.) Sec. 8. No sectarian influence, direction or in- 
terference in the management or conduct of the affairs or 
education of said department shall be permitted by its board ; 
but its benefits shall be open to all applicants of good moral 
character and within the limitations of age determined by 
said board. (84 v. 127.) 

§ 462. [Payment to university of state appropriations; bond 
of treasurer.] (§ 4105-62.) Sec. 9. Upon the certificate of 
the board of trustees of said department that the necessary 
steps have been taken by the board of trustees of said uni- 
versity to co-operate with the department trustees in carrying 
out the purposes of this act by granting the use of its build- 
ings, grounds and educational facilities, there shall be paid 
to the treasurer of said department, semi-annually, one-half 
of such amounts as may be annually appropriated by the gen- 
eral asesmbly for the purposes therein named. The treasurer 
of said department shall give to the state of Ohio a bond to 
be approved by the attorney general in the sum of twenty 
thousand dollars, conditioned that he shall faithfully discharge 
his duties and account for any money coming into his hands 
from the state of Ohio. (92 v. 275; 84 v. 127.) 

§ 463. [Annual report, and estimate of appropriations.] 

(§ 4105-63.) Sec. 10. The board of trustees shall cause to be 
made on or before the first day of December, eighteen hundred 
and eighty-eight (and) each year thereafter, a report to the 
governor of the condition, progress and results of said depart- 
ment, with an estimate of what appropriation shall be required 
to secure the objects of this act. (84 v. 127.) 



§ § 464-466 GUIDE FOR OHIO SCHOOL OFFICERS. 406 

§ 464. [Designation of pupils by members of general assem- 

Wy.] (§ 4105-64.) Sec. 11. Each senator and representative 
of the general assembly of the state of Ohio may designate 
one or more youth resident of his district who shall be en- 
titled to attend the said normal and industrial department free 
of tuition. (92 v. 275; 84 v. 127.) 

§ 465. [Appropriations ; application of revenues.] 

(§4105-65.) Sec. 12. For the purpose of carrying out the 
provisions of this act there shall be levied annually a tax on 
the grand list of taxable property of the state, which shall be 
collected in the same manner as other state taxes, and the 
proceeds of which shall constitute "the fund of the combined 
normal and industrial department at Wilberforce University." 
The rate of such levy shall be designated by the general as- 
sembly at least once in two years, and if the general assembly 
shall fail to designate the rate for any year, the same shall 
be for the said fund of the ''combined normal and industrial 
department of Wilberforce University" two-hundredths of one 
mill upon each dollar valuation of such taxable property for. 
the year 1900 and one-hundredth of one mill thereafter. The 
same shall be paid to the treasurer of the normal and indus- 
trial department at "Wilberforce University in accordance with 
the provisions of section twelve of said act. All revenue 
arising from tuitions, sales of products or otherwise under the 
aforesaid department shall be applied by its board of trustees 
to defray its expenses, or to increaps its inefficiency, a strict 
account of which shall be kept by the department board, and 
accompany the report to the governor. (94 v. 598; 92 v. 156; 
84 V. 127.) 

§ 466. [Additional appropriations for Wilberforce Univer- 
sity.] (§ 4105-66.) See. 1. There is hereby appropriated out 
of any moneys in the treasury to the credit of the general 
revenue fund not otherwise appropriated, for combined normal 
and industrial department at Wilberforce University, two thou- 
sand dollars, the same being the balance due said institution 
under the provisions of an act passed March 19, 1887. And 
this amount shall be in full of all claims against the state by 
said university. (86 v. 392.) 



407 



STATE COMMISSIONER OF COMMON SCHOOIS. §§ 467, 468 



CHAPTER 18. 
STATE COMMISSIONER OF COMMON SCHOOLS. 



Section. 
§467 (354) 



§468 (355) 
§469 (356) 



§470 (357) 

§471 (358) 

§472 (359) 

§473 (360) 



State commissioner 
of common schools; 
election and term 
of; proviso. 

Bond. 

His office; books and 
papers; prohibi- 
tions. 

His duties to teach- 
ers' institutes, etc. 

His supervision over 
school funds and 
school officers. 

Shall prepare and 
transmit forms and 
instructions. 

Shall cause school 
laws, with forms, 
etc., to be printed 
and distributed. 



Section. 
§474 (361) 



§475 (362) 
§476 (363) 

§477 (364) 



§478 (365) 
§479 (366) 



Annual report of 
commissioner of 
schools. 

What the report 
shall contain. 

Shall require reports 
from private 
schools, etc. 

His duty on com- 
plaint of fraudu- 
lent use of money; 
appointment of ex- 
aminer. 

Powers, duties and 
compensation o f 
examiner. 

Duty of judge and 
prosecuting attor- 
ney. 



§ 467. [State commissioner of common schools; election and 
term of ; proviso.] (§354.) There shall be elected, biennially, 
at the general election for state officers, a state commissioner 
of common schools, who shall hold his office for the term of 
two years from the second Monday of July succeeding his 
election ; and in case of a vacancy occurring by death, resig- 
nation or otherwise, the governor shall fill the same by ap- 
pointment. (98 V. 272.) 

§ 468. [His oflEicial bond, and oath.] (§ 355.) Before en- 
tering upon the discharge of his official duties, the commissioner 
shall give bond in the sum of five thousand dollars to the 
state, with two or more sureties, to the acceptance of the sec- 
retary of state, conditioned that he will truly account for and 
apply all moneys or other property which may come into his 
hands in his official capacity, and that he will faithfully per- 
form the duties enjoined upon him according to law; which 
bond, with his oath of office indorsed thereon, shall be filed with 
the treasurer of state. (70 v. 195, §103 ; S. & C, 1362.) 



§§469-473 GUIDE FOR Ohio school officers. 408 

§469. [OlRce; books and papers; prohibitions.] (§356.) 

The books and papers of his department shall be kept at the 
seat of government where a suitable office shall be furnished 
by the state, at which he shall give attendance not less than 
ten monhs in each year, except when absent on public duty; 
and he shall not, while holding the office of state commissioner 
of common schools, perform the duties of teacher or superin- 
tendent of any public or private school, or be employed as 
teacher in any college, or hold other office or position of emolu- 
ment. (90 V. 13; 70 V. 195, § 104; S. & C, 1362.) 

§ 470. [His duties in visiting the several judicial districts.] 

(§ 357.) The commissioner shall visit annually, each judicial 
district of the state, superintending and encouraging teachers' 
institutes, conferring with boards of education or other school 
officers, counseling teachers, visiting schools and delivering 
lectures on topics calculated to subserve the interests of popu- 
lar education. (70 v. 195, § 105; S. & C, 1362.) 

§ 471. [His supervision over school funds; may require re- 
ports from certain officers.] (§ 358.) He shall also exercise 
such supervision over the educational funds of the state as 
is necessary to secure their safety and right application and 
distribution according to law. He has power to require of 
county auditors, boards of education, clerks and treasurers 
of boards of education, or other local school officers, and county 
treasurers, copies of all reports by them required to be made, 
and all such other information in relation to the funds and 
condition of schools and the management thereof as he deems 
important. (70 v. 195, § 106; S. & C, 1362.) 

§472. [Shall prepare forms, etc.] (§359.) He shall pre- 
scribe suitable forms and regulations for making all reports 
and conducting all necessary proceedings under the school 
laws, and cause the same, with such instructions as he deems 
necessary and proper for the organization and government of 
schools, to be transmitted to the local school officers, who shall 
be governed in accordance therewith. (70 v. 195, § 107; S. 
& C, 1363.) 

§ 473. [Duties as to distribution of school laws, etc.] 

(§ 360.) He shall cause as many copies of the laws as are 



■^09 STATE COMMISSIONER. §§474 475 

necessary, relating to schools and teachers' institutes, with 
an appendix of appropriate forms and instructions for car- 
rying into execution all such laws, to be printed in a separate 
volume, and distributed to each county with the laws, jour- 
nals, and other documents, for the use of the school officers 
therein, as often as any change in the laws is made of suffi- 
cient importance, in the opinion of the commissioner, to re- 
quire a republication and distribution thereof. (70 v. 195, 
§ 108; S. & C, 1363.) 

In reference to the weigh't that should properly be attached 
to the advice or forms given by a state commissioner of com- 
mon schools, the circuit court in. The State v. German Town- 
ship, 2 C. C, 366, has in substance said, that while such 
matters cannot have the force of the judicial interpretation, 
yet, whatever is said is entitled to great weight, as the opinion 
of the eminent educator, who is at the head of the school 
system of this state, and presumably familiar with the neces- 
sities of the schools, and the usefulness of the various articles. 
Especially is this true when it is remembered that he is re- 
quired by law to prepare for the use of school officers through- 
out the state, a printed book containing matters referred to 
in the above statute. The question there was, as to what 
might constitute an apparatus within the meaning of section 
3995 of the Revised Statutes and what might constitute fur- 
nishings for a school as contemplated under section 3987 
(§ 95) of the Revised Statutes. 

§ 474. [Annual report of commissioner of schools.] 

(§ 361.) He shall make an annual report, on or before the 
fifteenth day of November, to the general assembly, when 
that body is in session, and when not in session the report 
shall be made to the governor, who shall cause the same to 
be published, and shall also communicate a copy thereof to 
the general assembly at the beginning of the next session. (85 
V. 192; Rev. Stat. 1880; 70 v. 195, § 109; S. & C, 1363.) 

§ 475. [What it shall present.] (§ 475.) In his annual re- 
port he shall present a statement of the condition and amount 
of all funds and property appropriated to purposes of educa- 
tion; a statement of the number of common schools in the 
state, the number of scholars attending such schools, their 
sex, and the branches taught; a statement of the number of 



§§ 476, 477 GUIDE FOR OHIO SCHOOL OFFICERS. 410 

teachers' institutes, and the number of teachers attending 
them, and the number of instructors and lecturers, and the 
amount paid to each; a statement of the estimates and ac- 
counts of the expenditures of the public school funds of every 
description ; a statement of plans for the management and im- 
provement of common schools, and such other information 
relative to the educational interests of the state as he deems 
of importance. (70 v. 195, § 110; S. & C, 1363.) 

§ 476. [Shall require reports from private schools, etc.] 
(§ 363.) He shall, annually, require of the president, manag- 
er, or principal of every seminary, academy, and private school, 
a report of such facts, arranged in such form as he prescribes, 
and shall furnish blanks for such reports; and it is made the 
duty of every such president, manager, or principal, to fill 
up and return such blanks within the time the commissioner 
directs. (73 v. 225, § 1.) 

§ 477. [Duties of commissioner on complaint of fraudulent 
use of money, etc.; appointment of accountant to investigate 
charges.] (§ 364.) When a complaint is made to the state 
commissioner of common schools, in writing, verified by the 
affidavits of at least three freeholders and taxpayers, resident 
of any school district in the state, and bearing the certificate 
of the auditor or auditors of the respective county, or coun- 
ties, in which said district is located, that said affiants are 
freeholders and taxpayers, alleging that they have good 
reason to and do believe that any portion of the school fund 
of such district has been expended, or is being expended, con- 
trary to law, or has been fraudulently, unlawfully, or cor- 
ruptly used, or misapplied, by any of the officers of such dis- 
trict, or that there have been fraudulent entries in the boolvs, 
accounts, vouchers, or settlement sheets thereof, by any such 
officers, or that any such officers have not made settlements 
of their accounts as required by law, or whenever from infor- 
mation filed in his office, or from other cause, the state com- 
missioner of common schools may deem it necessary for the 
safety and security of the public funds of any school district, 
situated in the state of Ohio, he is authorized and required to 
appoint some trustworthy and competent accountant, for the 



411 STATE COMMISSIONER. § 477 

purpose of investigating such complaint, or allegations, who 
after being duly commisisoned by said state commissioner of 
common schools and sworn by any person authorized by law 
to administer oaths, shall forthwith visit such school district 
and take possession of all the books, papers, vouchers and ac- 
counts of such district and investigate the truth of the alle- 
gations of such complaint, and the condition of the school 
fund of such district; and the several officers of such school 
district, on the application of such examiner, shall immediate- 
ly place in his possession all their books, accounts, contracts, 
vouchers, and other papers having reference to the receipts 
and disbursements of the school funds ; and the county auditor 
and treasurer shall give such examiner free access to all the 
records, books, papers, vouchers, and accounts of their re- 
spective offices having reference to the object of such investi- 
gation, and said examiner is authorized, by and with the writ- 
ten consent of the prosecuting attorney, or the judge of the 
court of common pleas of the county in which such district 
is located, to require the assistance of the official stenographer 
of said county, in making such examination; and said ste- 
nographer shall receive only such compensation and in the 
manner provided in section 478, Revised Statutes, upon the 
certificate of the prosecuting attorney of said county. (94 v, 
312; 72 V. 82, § 1.) 

Complaint as to Fraudulent Comments. 

Use of Money, etc. Form of Complaint. 

Complaint as to Fraudulent Use of Money, etc. — The above 
statute places it within the hands of any three freeholders and 
taxpayers, residents of any school district, to bring to the 
attention of the state school commissioners any matter that 
they may believe is existing in their district, for which there 
has been an unlawful expenditure of school funds or where 
there is being any fraudulent, unlawful or misapplication 
of any of such funds or where officers have properly 
failed to perform their duty, incumbent upon them by 
virtue of the statute regulating the office which they 
hold. It should be observed, that the only requisite of 
this application is that it must be signed by at least three 
freeholders and taxpayers, residents of the school district, 
and must have attached to it a certificate of the auditor of 



§ 478 GUIDE FOR OHIO SCHOOL OFFICERS. 412 

the county. After such complaint is received by the commis- 
sioner, it is his duty to appoint some trustworthy and com- 
petent accountant to investigate the matter charged in the 
complaint. Such official shall be sworn, and will have full 
authority to examine all books and accounts that he may 
deem proper in order that he may make a full and complete 
examination. The form of such complaint may be as follows: 

Form of Complaint. 

To the State Commissioner of Common Schools. 

Sir: — I respectfully submit the following state of facts as existing 
in school district, ...... county, Ohio: 

(Statement of complaint containing one of the causes mentioned 
in section 364, R. S. (§ 477). 

In consideration of the above statement I respectfully request the 
appointment of some competent accountant to investigate the con- 
dition of the school funds of said district. 



Complainant. 

State of Ohio, County, ss. ' 

I , , and do solemnly swear (affirm) that the 

statements made in the foregoing complaint are true to the best of 
my knowledge and belief. 



Sworn to by , and and subscribed in my pres- 
ence this day of , 190.. 



(Title.) 

I hereby certify that , , and are freeholders and 

taxpayers, residents of school district. 



., Ohio, 190. 



County Auditor. 



§478. [Powers and duties of examiner; his compensation; 
payment thereof.] (§ 365.) Such examiner shall have au- 
thority to call before him forthwith, upon written notice, and 
examine witnesses, under oath, to be administered by him ; and 
he shall immediately after completing such investigation, re- 
port in writing, in duplicate, setting forth the condition of 
the books, vouchers, and accounts of such district, the amount 
of school funds received for any and all purposes, and from 
whatever source, the amount expended, and for what, and the 
amount actually in the treasury, one copy of which reports he 
shall file in the office of the clerk of the court of common pleas 
of the county in which such district is situate, and the other 
copy he shall transmit to the state commissioner of common 



413 STATE COMMISSIONER. § 479 

schools at Columbus; and the examiner so appointed and 
performing the duties herein required, shall receive as com- 
pensation a per diem of five dollars for each day necessarily- 
engaged in the performance of his duties, and shall also re- 
ceive five cents for each mile by him necessarily traveled in 
that behalf; but no mileage shall be allowed for a greater 
distance than from Columbus to such district; and such com- 
pensation and mileage shall be paid out of the county treasury 
upon the warrant of the county auditor, and if the investiga- 
tion establish the truth of any material allegation in such 
complaint, then such amount so paid shall be assessed by the 
county auditor upon the taxable property of the district, to 
be collected as other taxes are for the use of such county treas- 
urer. (94 V. 313; 72 V. 82, § 2.) 

§ 479. [Adverse report of examiner to be given in charge 
to the grand jury; duty of prosecuting attorney.] (§ 366.) 
The judge of the court of common pleas of the proper county 
shall examine the report so filed in the clerk's office, as pro- 
vided in section three hundred and sixty-five, and if it appear 
therefrom that any part of the common school fund has been 
fraudulently, unlawfull}^, or corruptly used or misapplied, or 
that there has been fraud in any of the entries, accounts, 
vouchers, contracts, or settlements, or that the settlements 
have not been made as required by law, or that there appears 
any defalcation or embezzlement on the part of any of the 
officers of such school district, he shall give the report special- 
ly in charge to the grand jury at the term of the court of com- 
mon pleas next after the filing of the same ; and the prose- 
cuting attorney of such county shall forthwith institute and 
carry forward such proceedings, civil or criminal, or both, 
against the delinquent officer or officers of such district as is 
authorized by law. (72 v. 82, § 3.) 



415 APPENDIX. 



APPENDIX. 



Historical 4iv 

Ohio Statistics — 

Branch of study 428 

Colleges and universities 435, 436 

County examinations 431, 440 

County examinations 431 

applicants 431 

County examination questions 455 

Elementary 461 

High school ; 455 

Pupils 466 

Special 460 

District examinations 432, 440 

applicants 432 

Examinations for township pupils 431 

Expenditures 437 

Higher educational institutions other than colleges 428 

High school 434 

Institute fund 430 

Receipts 423 

School districts 423 

School houses 439 

School property 430 

School taxes 440 

Separate district examinations 442 

State board of school examiners 442 

Information 431 

State examinations 444 

State examination questions 433 

Teachers employed 441 

Teachers' institutes 424, 439, 440 

Teachers' wages 426, 439 

Youth of school age 439 

United States Statistics of State school system — 

Table 1. Total population, school population and adult male 

population 469 

Table 2. Density of population, nativity and race classification, 
value of manufactures, illiteracy, and relations to 
adult male and school population 470 

Table 3. School ages in several states, states school census 471 

Table 4. Number of pupils enrolled in the common schools at 
different dates; relation of enrollment to school 
population 472 

Table 5. School enrollment of 1902-3, classified by sex. Per- 
centage of the total population enrolled at different 
dates 473 

Table 6. Per cent, of school population enrolled in public 

schools, for a period of years, 5 to 18 years of age . . 474 



GUIDE FOR OHIO SCHOOL OFFICERS. 41b 

PAOB 

Table 7. Average daily attendance at various periods and its 

relation in 1902-3 to the enrollment 475 

Table 8. (1) Average length of school term at various periods; 
(2) aggregate number of days' schooling given to all 
pupils; (3) the same compared with school popu- 
lation and enrollment (columns 8 and 9) 476 

Table 9. Number and sex of teachers; percentage of male 

teachers 477 

Table 10. Teachers' wages — Number of schoolhouses — Value of 

school property — Private school enrollment 478 

Table 11. (1) Length of school term; (2) aggregate number of 
days' schooling given compared with school popu- 
lation 480 

Table 14. Progress of school expenditure 481 

Table 15. School expenditure of 1902-3 classified 482 

Table 16. (1) Expenditure per pupil; (2) average daily expendi- 
ture per pupil; (3) percentage analysis of school ex- 
penditure 483 

Table 17. Amount expended for common school each year since 

1869-70 . . . ■ 484 

Table 18. School expenditure per capita of population; (2) same 

per capita of average attendance 485 



417 PUBLIC SCHOOLS — HISTORICAL, 



PUBLIC SCHOOLS— HISTORICAL. 



The words "public schools" is used synonymously with 
"common schools," and are meant to include schools created 
by law and maintained at public expense, and which are 
open to the children of all the inhabitants alike. They are 
supported by general taxation and under the control generally 
of the law-making body. The term "common" or "public 
schools" is likewise used to indicate the character of educa- 
tion had therein and it is generally meant to include schools 
that begin with the rudimentary elements of an education as 
contra distinguished from academies and universities devoted 
exclusively to teaching advanced pupils in the classics and 
in all the higher branches of study usually included in the 
curriculum of the colleges. A school that is carried on under 
a church organization could not be held to properly come 
within the ordinary meaning of "common schools." The 
idea that a person without reference to any special, practical 
end should be educated so as to better fit him for the ordinary 
duties of life seems to have occurred first to the Greeks, but 
it was not until after the Reformation that the thought be- 
came more prevalent, that every man's intellect should be 
trained so as enable him to be able to read, inquire, think and 
act for himself. During the period which is generally spoken 
of as the "dark ages" in Europe, the ignorance of the people 
generally was astounding and very few possessed the knowl- 
edge which enabled them to read and write. The ruling pow- 
ers seemed rather to incourage this ignorance than attempt to 
enlighten their subjects with even an elementary education. 
This may have resulted largely from the fact that warfare 
seemed to them to be the principal object of life, and further, 
perhaps the rulers may have had an idea that an ignorant 
subject was more easily controlled than an educated one. 

Within this period, however, two monarchs, whose names 
are familiar to all historical students, stand forth in bold 
relief. Charlemagne, while incapable of writing, himself, in- 
vited men of letters abroad to come and reside at his court 
and instruct himself and his family. He also established 
schools in various cities of his empire. Alfred the Great, of 
England, made similar efforts but his successors were not so 
much impressed with its importance, or were too much occu- 
pied with warfare to continue the educational work that he 
had begun. 



GUIDE FOR OHIO SCHOOL OFFICERS. 418 

The discussions and general interest in literature brought 
forth by the Reformation seems to have had the effect of 
bringing to the minds of the people the importance of edu- 
cating the mind so that the individual might knovi^ how^ to 
better think and act for himself. 

We find that in 1616 the Scotch Parliament adopted meas- 
ures for establishing and supporting a public school in each 
parish at the expense of the land owners and proprietors. 
This legislation was repealed in the administration of Charles 
II., but was re-enacted by the Scotch Parliament in 1696. 

In reference to the effect of this educational movement in 
Scotland, Lord Macauley says: "By this memorable law it 
was, in the Scotch phrase, statuted and ordained that every 
parish in the realm should provide a commodious school house 
and should pay a moderate stipend to a schoolmaster. The 
effect could not be immediately felt, but, before one genera- 
tion had passed away, it began to be evident that the common 
people of Scotland were superior in intelligence to the common 
people of any other country in Europe. To whatever land the 
Scotchman might wander, to whatever calling he might be- 
take himself, in America or in India, in trade or in war, 
the advantages which he derived from his early training raised 
him above his competitors. If he was taken into a warehouse 
as a porter, he soon became foreman. If he enlisted in the 
army he soon became a sergeant. Scotland, meanwhile, in 
spite of the barrenness of her soil and the severity of her 
climate, made such progress in agriculture, in manufactures, 
in commerce, in letters, in science, in all that constitutes civil- 
ization, as the Old World has never seen equalled, and as 
even the New World has scarcely seen surpassed. 

"This wonderful change is to be attributed, not indeed solely, 
but principally to the national system of education." 

At the present time every great power of the civilized world 
has adopted some system of public schools. Some are not 
upon the high plane or basis that would suit an American, but 
all show an advance in the world's thought upon this question. 
In the United States the earliest schools were established in 
the towns and this, no doubt, occurred by reason of the town 
government being better able to furnish such school facilities 
and also from the fact that the country settlements were 
sparsely inhabited. 

The New England communities were the first to go on 
record in this matter, and the origin of these schools may 
properly be given, to Boston, Dorchester, Salem, Hartford and 
New Haven, and other of the older settlements. There is some 
evidence that prior to the time that the town ordered the es- 
tablishment of schools that the people had by voluntary agree- 



419 PUBLIC SCHOOLS — HISTORICAL. 

ments and associations employed teachers to instruct their 
children. 

The vote or order of the colonial government generally fol- 
lowed that of the town organizations. In the Massachusetts 
colony it was seven years and in New Haven three. 

In 1642 and 1617 the colony of Massachusetts passed laws 
in reference to the education of children which it may be 
said has been the basis of all succeeding requirements con- 
cerning education. In 1642 it was enacted that certain per- 
sons in each town should take account of the employment of 
children and especially of their ability to read and understand 
the capital laws. 

The Act of 1647 required every town containing fifty house- 
holders to appoint a teacher to teach all such children as 
shall resort to it to write and read, and every town contain- 
ing one hundred householders to set up a grammar school 
whose teacher should be able to instruct the youth so far as 
they be fitted for the university. They did not leave this 
matter to voluntary enforcement, but provided a penalty for 
non-compliance. At first the penalty was five pounds. In 
1671 it was doubled, and in 1683 it was again doubled and 
afterwards increased. 

The Connecticut colonists were not far behind Massachusetts, 
for within three years after the first log house was built, at 
New Haven, they had opened a public grammar school. Even 
previously there had been established a more elementary school. 

In 1672, four county grammar schools had been established 
and endowed with 600 acres of land. Before the middle of the 
first century of its settlement every colony in New England, 
with the exception of Plymouth, had made education compul- 
sory. The other colonies of the United States were much 
slower in establishing a general plan of education than the 
New England colonies. 

Virginia for three generations after its settlement suffered 
a neglected education. The rulers of that colony certainly 
did not encourage such matters, for in 1671 Sir William Berk- 
ley, the governor for thirty-six years, wrote in reply to a ques- 
tion of the English Commissioners, "I thank God there are no 
free schools nor printing, and I hope we shall not have, these 
hundred years; for learning has brought disobedience and 
heresy, and sects into the world; and printing has divulged 
them from libels against the best government; God keep us 
from both." But Governor Berkley could not impede the 
onward march of civilization, and within five years after the 
above was written by him a citizen bequeathed six hundred 
acres, together with ten cows and one breeding mare, for the 
maintenance of a free school forever. 

It seems that the colony of New Amsterdam, afterwards 



GUIDE FOR OHIO SCHOOL OFFICERS. 420 

known as New York, was about as slow to take up this matter 
as Virginia. The first schools there seems to have been under 
the control of the church. 

In promoting education Pennsylvania was more in accord 
with New England than New York, and it has been said that 
before the pines had been cleared from the ground, William 
Penn and his comrades began to open up schools and setting 
up printing presses. The first school was opened in the first 
year of the colony, and in six years a free academy was es- 
tablished in Philadelphia. In various other settlements the 
matter of education was carried on in a different manner, but 
progressing generally along a line of betterment until the 
present time. The fifty years following the war of the revo- 
lution found the common schools much better supported by 
law and public opinion than previously. 

The South, resulting, no doubt, largely from the system of 
slavery therein in vogue, was considerably slower in progress 
in this matter than the North. 

In 1844, Governor Hammond, of South Carolina, in his mes- 
sage said, ''The free school system has failed. Its failure is 
owing to the fact that it does not suit our people, our govern- 
ment, our institutions. The paupers for whose children it is 
intended, need them at home to work." 

The condition of affairs in the South since the civil war has 
changed, and all the southern states now have a system of 
public school education. 

While at first only education of an elementary character 
was included within the free s'chool system, now those of a 
higher class are frequently included, and the tendency is to 
bring education of a manual character within the provisions 
of the public school system. Normal schools have likewise 
been established for the training of teachers in many states. 

Ohio includes within its bounds settlements that were made 
by emigrants from the New England colonies as well as from 
Virginia, and before it became a separate territory the im- 
portance of a general education was firmly fixed in the minds 
of those in control of governmental affairs. 

In 1785, the Congress of the confederation voted to reserve 
in the western territory lot number sixteen of every township 
for the maintenance of the public schools, and the ordinance 
of 1787, establishing a government of the territory of the 
United States, northwest of the Ohio River, in article three de- 
clares that ''Religion, morality, and knowledge being necessary 
to a good government and the happiness of mankind, schools 
and the means of education shall forever be encouraged." 

The Constitution of Ohio, 1802, in section twenty-five of the 
bill of rights provided "that no law shall be passed to pre- 
vent the board in the several counties and townships within 



421 PUBLIC SCHOOLS — HISTORICAL. 

this state from an equal participation in the schools, acad- 
amies, colleges and universities within this state which are 
endowed in whole or in part and from the revenue arising 
from donations made by the United States for the support of 
schools and colleges ; all doors of the said schools, academies 
and universities shall be opened for the reception of scholars, 
students and teachers of every accord, without any distinction 
or preference whatever contrary to the intent for which 
said donations remain." 

In the Constitution of 1851, section seven of the bill of 
rights, it is declared, "Religion, morality and knowledge, how- 
ever, being essential to good government it shall be the duty 
of the General Assembly to pass suitable laws to protect 
their religious denominations in the peaceful enjoyment of its 
own public worship and to encourage schools and the means 
of instruction." And our Supreme Court has said, "That the 
system of public education in Ohio is the creature of the 
Constitution and statutory laws of the state." 

The Constitution provides that it shall be the duty of General 
Assembly to pass suitable laws to encourage schools and the 
means of instruction, and again it provides that the General 
Assembly shall make such provision by taxation or otherwise 
as with the income arising from the school trust fund, shall 
secure a thorough and even system of common schools through- 
out the state. (Article six, section two.) It is left to the 
discretion of the General Assembly in the exercise of the 
general legislative power conferred upon it to determine what 
laws are suitable to secure and organize the management of 
the contemplated S3^stem of common schools without express 
restriction except that no religious or other sect or sects shall 
ever have any exclusive right to, or control of any part of the 
school fund of the state. Under these powers and acquire- 
ments of the Constitution the General Assembly has atempted 
to organize by suitable laws a system of common schools for 
the purpose of affording the advantages of the free educa- 
tion to all the youths of this state. 

The present legislation and laws in reference to the school 
system of this state are embodied in the former part of this 
work. Many matters relating to the schools of this and other 
states detailing the kinds of schools, the amount of money ex- 
pended, and salary of teacher will be found in the following 
pages of this appendix. 

The general principles of common schools are well enunci- 
ated by a leading educator, Horace Mann, when he says, 
"Under our republican government, it seems clear that the 
minimum of education can never be less than such as is suffi- 
cient to qualify each citizen for the civil and social duties he 
will have to discharge ; such an education as teaches the great 



THE ANNOTATED SCHOOL CODE OF OHIO. 422 

laws of bodily health, as qualifies for the fulfillment of pa- 
rental duties; as is indispensable for the civil functions of a 
witness or a juror; as is necessary for the voter in municipal 
and in national affairs; and, finally, as is required for the 
faithful and eonscientous discharge of all those duties which 
devolve upon the inheritor of a portion of the sovereignty of 
this great Republic." 



423 



OHIO STATISTICS. 



OHIO STATISTICS. 



SCHOOL DISTRICTS. 



1904. 


1905. 


City districis 71 


70 


Village and special districts 1,137 


1,169 
1 316 


Township aistricts 1 331 






Total number of districts | 2,539 

Subdivisions in township districts 10,953 

[Table I.] 


2,555 
10,281 



SCHOOL HOUSES. 



1 

1904. 


1905. 


Number Erected — 

Township districts 135 

Separate districts 61 


108 

57 






Totals 196 

Cost of School Houses Erected — 

Township districts $201,323 


, 165 

$ 436,016 
1,507,703 


Separate districts 907,847 




Totals $1,110,170 

Number of School House', in the State — 

Township districts, Elementary .... 10,894 
High , 125 


$1,943,719 

10,924 
126 


Total .• 11,019 

Separate districts, Elementary 1,855 

High 205 


11,050 

1,890 
215 


Total 2,060 

Total Elementary 12,749 


2,105 

12,814 
341 


Total High 330 





Grand Total 



13,0791 



13,155 



GUIDE FOR OHIO SCHOOL OFFICERS. 
SCHOOL HOUSES— Continued. 



424 





1904. 


1905. 


Number of School Rooms — 

Township districts, Elementary.... 
High 


11,742 
271 


11,589 

283 


Total 


12,013 


11,870 


Separate districts. Elementary 

High 


10,196 
1,937 


10,431 
2,012 


Total 

Total Elementary 


12,133 

21,938 

2,208 


12,443 

22,018 


Total High 


2,295 



Grand Total 

Value of School Property — 

Township districts, Elementary. 
High 

Total 

Separate districts. Elementary. . 
High 

Total 

Value of Elementary 

Value of High 

Total value 



24,146i 



$11,690,5011 

496,575 



$12,187,076] 

$32,606,686] 
6,26y,042] 

$37,875,728] 

$44,297,187] 
6,765,617] 

$51,062,804] 



24,313 



$10,662,856 
555,215 

$11,218,071 

$34,639,881 
6,949,928 

$41,589,809 

$45,302,737 
7,505,143 

$52,807,880 



TEACHERS. 



1904. 1 1905. 


Teachers Necessary to Supply Schools — ] ] 

Township districts. Elementary ] 11,674] 11,470 

High 1 299] 303 


Total . ] 11,973| 11,773 

Separate districts, Elementary 10,254] 10,262 

High 1,866 2,187 


Total ] 12,120 12,449 


1 1 
Total Elementary ] 21,928] ' 21,733 


Total High ] 2,165] 2,464 


Grand total ] 24,093] 24,197 





425 



OHIO STATISTICS. 
TEACHERS— Continued. 





1904. 1905. 


Different Teacliers Employed — 

' Elementary, Men .... 

™ 1.. Women. . . 
Township 1 

districts. \ jjjgi^^ ^^^ 

Women . . . 


6,320 5,494 
7,140 6,859 

224 252 

55 41 

1 


Total for townships 

r Elementary Men 

Separate , Women... 
districts. \ High, Men .... 

Women . . . 


13,739 13,146 

1,283 1,292 
9,483 9,846 

1,267 1,328 

780 857 


Total for separate 


12,813 13,323 
24,226 23,991 


Total Elementary 


Total High 


2,326 2 478 


NumDer of Men Employed 


9,094 8,866 


Number of Women Employed 


17,458 17,603 


Total Number Employed 

Teachers Employed the Whole School 
Year— 

' Elementary, Men .... 
Township J Women... 
districts. jjjgj^^ ^^^ 

Women . . . 


26,552 26,469 

4,451 4,779 
53 44 

1 
224| 240 
5,040| 5,386 


Total for townships 

z' Elementary, Men .... 
Separate J Women... 
districts. ^ jjjgj^^ ^^^ 

Women . . . 

Total for separate 


9,768 10,449 

1 
1,169| 1,257 

727| 813 
1 

1,216| 1,238 

8,892| 9,078 

1 


12,004 1 12,386 

19,552 20,500 
2,220 2,335 

1 
7,060 7,514 
14,712 15,311 


Total Elementary 


Total High 


Number of Men 


Number of Women 


Total number 


21,772| 22,825 

1 

1 
$37 00| $38 00 
34 00| 37 00 


Average Monthly Wages Township Ele- 
mentary Schools- 
Men 


Women 



GUIDE FOR OHIO SCHOOL OFFICERS. 
TEACHERS— Continued. 



426 





1904. 


1905. 


Township High Schools — 

Men 


$65 
47 

46 
36 

77 
58 


00 
00 

00 
00 

00 
00 

31 
31 

34 
34 


$68 
50 

50 
39 

79 
59 


00 


Women 


00 


Separate District, 
Men 


Elementary Schools — 


00 


Women . . . , 


00 


Separate District 
Men 


High Schools — 


00 


Women . . . , 


00 


Average Number 
Township dis 

Separate dist 


of Weeks Taught — 
tricts, Elementary.... 

High 

ricts. Elementary 

High 


31 
31 
33 

34 











SCHOOL YOUTH. 



1904. 1905. 


Youth £ietween Six and Twenty-one — 

Township districts. Boys | 224,554 


218,704 
198,140 


Girls 1 204,295 


Total 428,849 

Separate districts. Boys 424,982 


416,844 
437,865 


Girls 1 397,066 


400,071 


Total 821,958 

Number of Boys 641,186 


837,936 
656 569 


Number of Girls 609 621 


598 211 






Total number of school youth.. 1,250,807 

Different Pupils Enrolled— 

( Elementary, Boys 175,809 

Township j (^ivls.... 158,327 

districts. \ ^^^^^ g^y^ 1 2,841 

(^ Girls .... 3,010 


1,254,780 

169,986 
155,205 

2,291 
3,152 


Total in townships 339,987 


331,334 


( Elementary, Boys 225,204 

Separate 1 «^^^« ■••• ^18,635 
districts. ^ jj.^j^^ g^y^ 22,936 

Girls ....| 28,845 
Total in separate | 495,210 


226,103 
212,206 

24,695 

30,610 

493,614 







427 



OHIO STATISTICS. 
SCHOOL YOUTHS— Continued. 



1904. 



1905. 



Number in Elementary. 
Number in High 



Number of Boys. 
Number of Girls. 



Total enrollment 



Per Cent, of Total Enrollment on Enu- 
meration — 

Township districts 

Separate districts 



Re-Enrollment- 
Township 
districts 



Elementary, Boys 
Girls 



High, 



Boys 
Girls 



Total in townships. 



Separate 
districts. 



Elementary, Boys 
Girls 



I 



High, 



Boys 
Girls 



Total in separate. 



Number in Elementary. 
Number in High 



Number of Boys. 
Number of Girls. 



Total re-enrollment 



Daily. Attendance — 

C Elementary, Boys 

Township J ^^^^^ 

districts. \ jjjgj^ g^y^ 



Girls 



Total in townships. 



Separate 
districts 



( Elementary, Boys 
Girls 



High, 
Total in separate . 



Boys 
Girls 



777,975 
57,632 

426,790 

408,817 



835,607 



8,934 
8,341 

53 
10 



17,438 

7,429 
6,818 

364 
433 



15,044 

31,522 
860 

16,780 
15,602 



32,482 



114,616 

108,594 

2,071 
2,440 



227,721 

176,646 
171,061 

18,774 

24,293 

390,774 



763,500 
60,748 

423,075 
403,073 



824,948 



77 
78 



8,405 

7,827 

43 
61 



16,336 

7,815 
6,720 

310 
325 



15,170 

30,767 
739 

16,573 
14,933 



31,506 



113,105 
108,125 

2.325 
2,769 



226,324 

175,806 
172,014 

23,594 

26,169 

397,383 



GUIDE FOR OHIO SCHOOL OFFICERS. 
SCHOOL YOUTHS— Continued. 



428 



Number in Elementary .... 
Number in High 

Number of Boys 

Number of Girls 

Total daily attendance 



1904. 



570,917] 

47,578| 

312,107] 
306,388] 



618,4951 



BRANCHES OF STUDY. 



1905. 



569,050 
54,857 

314,830 
309,077 



623,707 



1904. 



1905. 



1904. 



1905. 



Orthography 

Reading 

Writing 

Arithmetic 

Geography 

Grammar 

Language Lessons. 

U. S. History 

General History. . . 

Drawing 

Vocal Music 

Map Drawing . . . . 
Physical Geog'phy 

Physics 

Physiology 

Botany 

Algebra 

Geometry 



723,207 

749,770 

723,948 

724,851 

438,592 

239,649 

414,839 

238,699 

16,413 

361,867 

430,779 

177,232 

85,157 

10,173 

273,083 

11,229 

39,014 

15,101 



719,423 

739,101 

768,026 

72,499 

432,574 

233,468 

414,364 

259,002 

20,979 

370,811 

434,660 

169,880 

23,762 

9,955 

337,885 

10,907 

40,701 

16,455 



Trigonometry . . . 

Surveying 

Literature 

Chemistry 

Geology 

German 

Astronomy 

Bookkeeping 

Phonography .... 
Natural History. . 

Psychology 

'Logic 

Rhetoric 

Science of Govt. . . 
Political Economy 

Latin 

Greek 

French 



691 

16 

35,391 

3,076 

1,466 

58,200 

1,284 

7,123 

971 

3,997 

1,103 

231 

18,983 

16,165 

1,728 

30,101 

572 

1,830 



661 

110 

42,109 

3,466 

1,848 

50,648 

1,638 

8,199 

1,304 

4,013 

1,504 

314 

18,355 

16,058 

2,275 

32,469 

870 

1,352 



HIGH SCHOOLS. 





1904. 


1905. 


Number of High Schools — 

Township districts 


285 

580 


197 




611 






Total 

Number of Superintendents Giving One- 
Half or More of Their Time to Super- 
vision — 

Township districts 


865 

85 
216 


808 
71 




339 


Total 


301 


410 



429 



OHIO STATISTICS. 
HIGH SCHOOLS— Continued. 





1904. 1905. 


Withdrawals from Higli Schools — 

Township districts, Boys 

Girls 


1 
477| 515 
353| 398 

1 


Total in townships 

Separate districts. Boys 

Girls 


830 913 

3,721 4,835 
3,516 4,078 


Total in separate 

Number of Boys 

Number of Girls 


7,237 8,913 

4,198 5,350 
3,869| 4,476 


Total withdrawals 


8,067 9,826 


Pupils Remaining in High Schools at 
End of Year- 
Township districts. Boys 


2,165 3 593 


Girls 


2,561 3,941 


Total in townships 


4 726 7 534 


Separate districts, Boys 


17,624 1 17,780 

23,466| 24,082 

1 


Girls 


Total in separate 


1 
41,090 41 862 







Number of Boys 


19,789 

26,027 


21,373 

28,023 


Number of Girls 


Total remaining 


45,816 

377 
462 


49,396 


Number of Graduates — 

Township districts, Boys 


405 


Girls 


563 


Total in townships 


839 

2,476 
3,833 


968 


Separate districts. Boys 


2,605 
4,159 


Girls 


Total in separate 


6,309 

2,853 
4,295 


6,764 

3,010 

4,722 


Number of Boys 


Number of Girls 


Total graduates 


7,148 

2,167 
2,643 
4,908 


7,732 


Whole Number of Graduates in History 
of Schools — 

Township districts. Boys.. 

Girls 

Total in townships 


2.619 
3/486 
6,105 



GUIDE FOR OHIO SCHOOL OFFICERS. 
HIGH SCHOOL— Continued 



430 



1904. 


1905. 


Separate districts, Boys 31,287 


31,766 


Girls 58,684 


59,165 


Total in separate 90 560 


90,931 


1 

Number of Boys 33,454 

Number of Girls 61 327 


34,385 
62 651 






Total graduates 94,781 


97,036 


Number of Township Graduates for 
Whom Tuition is Paid — 

Boys 2,037 

Girls 2,142 


2,218 
2,538 


Total 4,179 

Number of volumes in school libraries. . 564,546 

Number of Centralized Township Schools 

as Reported by County Auditors 58 

[Table XIII, a, b, c.J 


4,756 
603,471 

82 



SCHOOL TAXES. 





1904. 
Mills. 


1905. 
Mills. 


State tax 

Average Local Tax — 

Township districts 

Separate districts 


1.00 

6.04 

8.97 


1.00 

6.23 
8.92 



RECEIPTS. 





1904. 1905. 


Balance on hand at beginning of year. . 
State tax 


$ 8,128,159 36] $ 8,879,419 39 

1,858,228 21| 1,903,646 94 

246,455 59| 261,696 94 

14,707,113 69| 15,143,665 98 

1,081,505 11| 1,499,255 88 

1,027,004 89 1 1,481,985 52 

1 


School lands 

Local tax 

Sale of bonds 


Fines, licenses, tuition, etc 




Total receipts 


$18,920,306 49 $20,290,251 26 




Grand total, including balances. . . . 


$27,048,465 85 $29,169,670 65 

1 



431 



OHIO STATISTICS. 
EXPENDITURES. 





1 
1904. 1 1905. 

1 


Paid teachers 


$10,071,050 51| $10,653 940 90 


Paid for superintendency 

Paid for sites and buildings 


486,858 78| 524,682 94 
1,179,178 79| 1840 115 17 


Paid for int. and redemption of bonds . . 
Paid for contingent expenses 


1,162,642 79 1,422,347 68 

4,064,914 37 4,576,352 43 

1 




Total expenditures 


$17,564,645 73| $19,017,339 12 




Balance on hand at end of year 


$ 9,483,820 12 $11,358,366 60 



STATE EXAMINATIONS. 



1904. 1 1905. 


Certificates Granted — | 

High school life 36 j 82 


Common school life 68 37 


Special 2| 5 

1 1 


Total granted 106 1 124 



COUNTY EXAMINATIONS. 





1 
1904. 1 

1 


1905. 


Number of Applicants — 

Men 


1 
16,916| 

23,743 1 

1 


16,008 
23,446 


Women 






Total 


40,659| 

7,360 
11,041 

1 


39,454 

6,358 
10,617 


Applications Rejected — 

Men 

Women 





Total 


18,401| 

9,351| 
12,361| 

1 


16 975 


Number of Certificates 
Men 


Granted — 


9 243 


Women . . . . , 


11,996 




1 
1 


Total 


21,712| 

10,574] 

14,758| 

I 


21 239 


Number of Different Applicants — ' 

Men 

Women 


10,364 

14,788 




1 


Total 


25,3321 


25,152 



GUIDE FOE OHIO SCHOOL OFFICERS. 
COTIN"TY EXAMINATIONS— Continued. 



432 





1904. 


1905. 


Different Persons Who Received Cer- 
tificates — 

Men 


7,962 
10,733 


8 240 


Women 


10,583 


Total 

Cost of County Examinations — 

Paid examiners 


18,695 

$38,889 00 
15,174 77 


18,823 

$42,168 59 
17,333 53 


Paid for all other purposes 


Total cost 

Fees paid into county treasury. 


$54,063 77 
20,506 30 


$59,502 12 
19,598 10 


Excess of expenditures over re- 
ceipts 


$33,557 47 


$38,653 80 


- 



SEPARATE DISTRICT EXAMINATIONS. 





1904. 


1905. 


Number of Applicants- 
Men 


- 


332 

3,980 


558 


Women 


4,435 






Total 


4,312 

20 
344 


4,993 

45 
995 


Applicants Rejected — 

Men .• 

Women 








Total 


364 

291 

3,479 


1,040 
520 


Certificates Granted — 

Men 


Women 


5,111 




Examinations — 


Total 

Cost of Separate Dist. 
Paid examiners . . 


3,770 

$7,318 20 
1,504 21 


5,631 

$7,581 24 
1,702 89 


Paid for all other 


purposes 


Total cost . . . 


$8,822 41 


$9,284 13 





433 OHIO STATISTICS. 

EXAMINATIONS FOR TOWNSHIP PUPILS' GRADUATION. 



1905. 




Number Examined — 

Boys ' 

Girls 

Total 

Number Who Passed — 

Boys 

Girls 

Total 

Number Receiving Diplomas — 

Boys 

Girls 

Total , 

Cost of Examinations — 

Paid examiners . . .- 

Paid for all other purposes 

Total cost 

Number of townships in the state 

Number of townships sending applicants 
Number of township high schools, as re- 
ported by boards of examiners 



TEACHERS' INSTITUTES. 





1904. 1905. 

1 


Number of county institutes held 

Number of days in session 

Number in Attendance — 

Men 


88 88 
461 437 

6 777 6 135 


Women 


11,178 10,060 


Total 

Receipts — 

From county treasury 


17,955| 16,195 

$22,341 13| $23,545 57 
6,325 75| 6,744 24 
2,780 96| 1,712 57 


From members 

From all other sources 






Total 

Expenditures — 

Paid lecturers and instructors 

Paid for all other purposes 


$31,447 84 $32,002 38 

$20,255 92 $21,043 02 
7,608 33 7,308 47 


Total 

Returned to county treasury 


$27,864 25 $28,351 49 
3,180 00 3,770 03 







GUIDE FOR OHIO SCHOOL OFFICERS. 
INSTITUTE FUND. 



434 



1904. 


1905. . 


Receipts — 

Balance at beginning of sckool year $ 5,317 44 
Examination fees and other sources 24,041 18 


$ 7,024 01 
22,888 58 


Total $29,358 62 

Expenditures — 

Paid for support of institute $22,345 98 

Paid treasurers' fees 473 67 


$29,912 59 

$24,694 89 
110 98 


1 




Total $22,819 65 

Balance at end of year 6.538 97 


$24,805 87 
5,348 52 



435 



OHIO STATISTICS. 



COLLEGES AND UNIVERSITIES. 




Antioch College 
Ashland College ........ 

Buchtel College 

Capital University 

Case School of Applied 
Science 



Defiance College 

Dennison University. . . . 
Heidelberg University. . . 

Hiram College 

Kenyon College 



Lake Erie College. . . 
Marietta College.... 
Miami University.., 
Mt. Union College. . 
Muskingum College. 



Oberlin College 

Ohio State University. . . . 

Ohio University 

Ohio Wesleyan University 
Otterbein University 



St. Ignatius College 

University of Cincinnati. 
University of Wooster . . . . 

Urbana University 

Western Reserve Univer- 
sity 

Wilmington College 

Wittenberg College 



Yellow Springs 
Ashland 
Akron . . 
Columbus 

Cleveland 



1852 
1878 
1870 
1850 

1881 

1884 
1831 
1850 
1867 
1834 

1856 
1835 
1809 
1846 
1837 1 New Concord. 



Defiance 
Granville 
Tiffin . . . 
Hiram . . 
Gambler 



Painesville 
Marietta . , 
Oxford . . . , 
Alliance . . 



S. P. Weston.. 

J. A. Miller 

A. B. Church.. 
L. H. Schuh... 



Charles S. Howe. 

P. W. McReynolds 
Henry W. Hunt 

C. E. Miller 

C. C. Rowllnson 
Wm. F. Pierce. 

Mary Evans . . 
Alfred T. Perry 
Guy P. Benton 
A. B. Riker. . . 
J. K. Montgomery 



18331 Oberlin Henry C. King.. 

18701Columbus | W. O. Thompson. 

1804|Athens j Alston Ellis 

1844 1 Delaware | Herbert Welch... 

1847|Westerville .. I Louis Bookwalter 



1886 1 Cleveland 
1870 1 Cincinnati 
1870|Wooster . . 
1850 1 Urbana .. . 



i John I. Zahm . . . 
I Chas. W. Dabney 
. I Louis E. Holden. 
! .John H. Williams 



1826 1 Cleveland . 
1870 1 Wilmington 
1845 1 Springfield 



Chas. F. Thwing. 

Albert J. Brown . 

I Chas. G. Heckert. 



Total . 



9 
15 
17 
11 

30 



1,186 



GUIDE FOR OHIO SCHOOL OFFICERS. 



436 



COLLEGES AND UNIVERSITIES. 



Names 



Whole No. of 
Graduates 
Since the 

Founding of 
Institution 



Number of 

Students from 

States Other 

than Ohio 



m O 



W 



Antioch College 

Ashland College 

BucMel College 

Capital University 

Case School of Applied Science 



174 

79 

189 



87 

32 

143 



547 



51 



Defiance College 

Dennison University . 
Heidelberg University 

Hiram College 

Kenyon College 



395 



148 



Lake Erie College . 
Marietta College . . . 
Miami University . 
Mt. Union College . . 
Muskingum College 



841 



45 



13 



Oberlin College 

Ohio^State University 

Ohio University 

Ohio Wesleyan University. 
Otterbein University 



697 
301 

1,732 



129 
133 

1,790 



516 
435 



76 

204 



St. Ignatius College 

University of Cincinnati . . . . 

University of Wooster 

Urbana University 

Western Reserve University. 



919 
35 



364 
10 



Wilmington College 
Wittenberg College 



Total . 



699 



7,568 



122 



3,283 



385 



16 

2 



21 

2 



21 
2 



3 
11 



5 

70 
18 



35 
1 



223 



36 
39 
38 
40 
36 

40 
36 
36 
38 
39 

35 

38 
40 
38 
38 

36 

38 
38 
35 
38 

40 
36 
36 
36 
36 

38 
37 



$ 47 

33 

47 

46 

135 

35 

100 
51 
48 

160 

100 

50 
50 
70 
50 

75 
18 
15 
54 
42 

60 

100 

50 

36 

110 

40 
53 



437 



OHIO STATISTICS. 



HIGHER EDUCATIONAL INSTITUTIONS OTHER THAN 
COLLEGES. 



Names. 




Locations. 



ACADEMIES AND PREPARATORY 
SCHOOLS. 



Bartholomew-Clifton School. 

Cedarville College 

Central Mennonite College. 

Damascus Academy 

Doane Academy 



Educational Institute . . . . 

Franklin School 

German Wallace College. 
Grand River Institute... 
Hathaway-Brown School 



Hebrew Union College. . 

Lake Erie College 

Ohio Military Institute. 

Ohio University 

Otterbein Academy 



Mt. Union College 

Mt. Vernon College 

Savannah Academy 

Shauck's College 

University of Cincinnati. 



University School 
University School 



NORMAL SCHOOLS. 



Cleveland Normal School . . . . 

Dayton Normal School 

Fayette Normal University . . 
J. P. Kuhn's Normal School. 
Ohio Northern University . . . 



Mt. Union College 

National Normal University. 
Columbus Normal School . . . . 
N. E. Ohio Normal College.. 
Ohio State Normal College.. 



Ohio University Normal School | 1902 



1876 
1887 
1900 
1875 
1831 

1894 
1880 
1863 
1831 
1886 

1875 
1859 
1890 
1804 
1847 

1846 
1893 
1856 
1891 
1886 

1890 

1889 



1872 
1870 



1865 
1871 

1858 
1855 
1883 
1881 



Cincinnati 

Cedarville 

Bluffton 

Damascus 

Granville 

Avondale 

Walnut Hills 

Berea 

Austinburg 

Cleveland 

Cincinnati 

Painesville 

College Hill 

Athens 

Westerville 

Alliance 

Mt. Vernon 

Savannah 

Dayton 

Cincinnati 

Cleveland , 

Columbus 

Cleveland 

Dayton , 

Fayette 

New Philadelphia 
Ada 

Alliance 

Lebanon 

Columbus 

Canfield 

Oxford 

Athens 



GUIDE FOR OHIO SCHOOL OFFICERS. 



438 



Names. 




Locations. 



SCHOOLS FOR GIRLS. 



Miss Butler's School 

Madam Fredin's School 

Glendale College 

Oxford College 

Miss Mittleberger's School. 



Miss Phelps' School 

Miss Sattler's School 

Shepardson College 

Western College for Women. 
Western Reserve Seminary.. 



THEOLOGICAL SEMINARIES. 

Heidelberg Theological Seminary. 

Lane Theological Seminary 

Union Biblical Seminary 

Wittenberg Theological Seminary. 
Xenia Theological Seminary 



PROFESSIONAL SCHOOLS. 



Eclectic Medical Institute 

Cleveland Col. Phys. and Surgeons. 

Ohio Medical University 

Pulte Medical College 

Starling Medical College 



University Cincinnati 

Western Reserve University 

Cincinnati College Dental Surgery. 

Ohio College Dental Surgery 

Dental Col. Ohio Med. Univ 



Cincinnati College Pharmacy 

Cleveland School of Pharmacy 

Cincinnati Law School 

Cleveland Law School, Baldwin Univ. 
Law School of O. S. U 



Law School of W. R. U. 



Total . 



1892 
1881 
1854 
1849 

1876 

1884 
1894 
1832 
1855 

1828 



1850 
1829 
1871 
1845 
1794 



1845 
1863 
1890 
x»72 
1847 

1819 
1843 
1893 
1845 
1890 

1850 
1882 
1833 
1897 
1891 

1892 



Walnut Hills 
Walnut Hills 
Glendale .... 

Oxford 

Cleveland . . . 



Columbus 

Cincinnati 

Granville 

Oxford 

West Farmington. 



Tiffin 

Cincinnati 
Dayton . . 
Springfield 
Xenia .... 



Cincinnati 

Cleveland 

Columbus 

Cincinnati 

Columbus 

Cincinnati 
Cleveland 
Cincinnati 
Cincinnati 
Columbus 

Cincinnati 

Cleveland 

Cincinnati 

Cleveland 

Columbus 

Cleveland 



439 



COMPARATIVE STATISTICS. 



COMPARATIVE STATISTICS. 



SCHOOL PROPERTY. 



Year. Total value. 

1894 $390,173 84 

1895 389,258 96 

1896 401,759 75 

1897 400,433 12 

1898 414,282 89 

1899 414,468 38 

1900 440,171 79 

1901 461,820 62 

1902 482,579 61 

1903 500,066 48 

1904 510,628 04 



Amount < 


ex- 


pended 


annually. 


$133,142 


06 


138,051 


05 


137,571 


09 


137,127 


29 


135,598 


49 


135,969 


43 


142,669 


73 


151,296 


75 


164,632 


16 


167,400 


04 


175,646 


45 



YOUTH OP SCHOOL AGE IN OHIO. 



Year. Enumeration. 

1894 1,147,210 

1895 1,159,258 

1896 1,173,119 

1897 1,173,237 

1898 1,198,704 

1899 1,209,735 

1900 1,226,366 

1901 i,2i9,919 

1902 1,245,393 

1903 1,243,791 

1904 1,250,807 



Enrollment. 


Attendance. 


809,780 


583,599 


817,490 


593,465 


820,560 


597,925 


825,650 


607,304 


837,152 


618,667 


828,500 


613,337 


829,160 


616,365 


829,857 


610,622 


832,044 


617,069 


829,620 


614,305 


835,607 


618,495 



TEACHERS' WAGES. 



TOWNSHIP DISTRICTS. 

Elementary. 

Year. Men. Women. 

1893 $37 $28 

1894 37 29 

1895 36 29 

1896 35 29 

1897 35 29 

1898 34 30 

1899 34 31 

1900 34 31 

1901 35 32 

1902 35 33 

1903 37 34 

1904 37 34 





High. 


Men 


Women. 


$61 


$40 


66 


45 


65 


49 


63 


42 


62 


43 


60 


42 


57 


40 


57 


43 


58 


43 


61 


45 


63 


44 


65 


47 



GUIDE FOR OHIO SCHOOL OFFICERS. 



440 



Year. 

1893 $59 

1894 • 59 

1895 64 

1896 67 

1897 57 

1898 43 

1899 42 

1900 43 

1901 43 

1902 45 

1903 46 

1904 46 



TEACHERS' WAGES. 

SEPARATE DISTRICTS. 

Elementary. 
Men. Women. 



46 
47 
47 
47 
34 
35 
34 
35 
35 
36 
36 



Hi: 


gh. 


Men. 


Women. 


$79 


$71 


79 


73 


79 


83 


80 


75 


80 


77 


68 


57 


66 


55 


64 


55 


66 


56 


67 


58 


73 


58 


77 


58 



COUNTY EXAMINATIONS. 

Applicants. 

Year. Men. Women. 

1893 19,045 20,658 

1894 21,860 22,660 

1895 22,929 23,139 

1896 22,841 22,688 

1897 22,454 21,410 

1898 22,656 21,990 

1899 22,032 21,873 

1900 20,429 21,805 

1901 19,119 21,786 

1902 17,687 22,242 

1903 15,722 21,862 

1904 16,916 23,743 



Certificates Granted. 



Men. 


Women. 


10,841 


10,568 


11,407 


10,691 


11,496 


10,618 


11,407 


10,741 


11,575 


10,061 


11,769 


10,498 


11,794 


10,697 


10,821 


10,721 


10,344 


10,857 


9,630 


11,442 


8,908 


11,286 


9.351 


12,361 



DISTRICT EXAMINATIONS. 



Applicants. 

Year. Men. Women. 

1893 279 3,007 

1894 354 3,238 

1895 402 3,698 

1896 411 3,731 

1897 406 4,180 

1898 434 4,129 

1899 391 3,959 

1900 446 3,841 

1901 427 3,907 

1902 373 3,802 

1903 404 3,713 

1904 332 3,980 



Certificates Granted. 
Men. Women. 



282 


2,669 


320 


2,792 


361 


2,831 


328 


3,199 


354 


3,457 


389 


3,648 


356 


3,497 


419 


3,345 


368 


3,261 


360 


3,723 


374 


3,365 


291 


3,479 



441 COMPARATIVE STATISTICS. 

TEACHERS EMPLOYED. 

Township Districts. 

Year. Men. Women. 

1893 8,855 8,126 

1894 ■ 8,435 7,446 

1895 8,462 7,155 

1896 8,389 6,994 

1897 8,342 6,817 

1898 8,284 6,572 

1899 o 8,206 6,511 

1900 8,072 6,586 

1901 7,821 6,688 

1902 7,388 6,889 

1903 7,005 7,134 

1904 6,544 7,195 



Separate Districts. 


Men. 


Women. 


1,609 


6,922 


1,721 


7,302 


1,804 


7,583 


1,916 


7,881 


r,974 


8,083 


2,074 


8,326 


2,350 


8,645 


2,430 


8,929 


2,476 


9,305 


2,525 


9,608 


2,556 


9,956 


2,550 


10,263 



GUIDE FOR OHIO SCHOOL OFFICERS. 442 



STATE BOARD OF SCHOOL 
EXAMINERS. 



The Ohio State School Board of Examiners issues the fol- 
lowing circular of information to persons desiring to be- 
come applicants for state certificates : 

I. Three classes of Life Certificates are issued, viz.: Common 
School, High School and Special Certificates in Penmanship, Drawing, 
Music, or Physical Culture. 

II. Applicants for Common School Certificates will be examined in 
Orthography, Reading, Writing, Arithmetic, Algebra, Geography, Eng- 
lish Grammar and Composition, History of the United States, includ- 
ing Civil Government, General History, English Literature, Physiology 
and Hygiene, including effects of Alcohol and Narcotics, Physics, The- 
ory and Practice of Teaching, Scientific Temperature, and such other 
branches, if any, as they may elect. 

III. Applicants for High School Certificates, in addition to the above 
named branches, will be examined in Geometry, Rhetoric, Civil Gov- 
ernment, Latin, Psychology, History of Education, Science of Educa- 
tion. Also three branches selected from the following: Chemistry, 
Botany, Zoology, Geology, Astronomy, Trigonometry and its Appli- 
cations, Logic, Greek, German and Political Economy. The Board 
advises applicants not to attempt to pass an examination for the 
Common and High School Certificate at the same examination. 

IV. Applicants for Special Certificates will be examined in Special 
Branches and in addition thereto in Physiology and Hygiene, includ- 
ing effects of Alcohol and Narcotics, Psychology, History of Education 
and Science of Education prescribed for applicants for High School 
Certificates. 

V. The standard for Certificates is as follows: Minimum grade 
for Common School Branches, 60; average grade, 80; minimum grade 
for High School branches, 80. 

VI. All applicants for Certificates must file with the Clerk of the 
Board, at least thirty days before the date of examination, an applica- 
tion blank filled out and two satisfactory testimonials that they have 
had at least fifty months' experience in teaching, and for Special Cer- 
tificates at least fifty months' experience in teaching the Special 
branches. These testimonials should be from educators well known 
to the Board. 

VII. The holder of a Common School Certificate may receive a 
High School Certificate by passing examination, at one meeting of the 
Board, in all the additional branches, as above stated, and furnishing 
satisfactory evidence of continued success in teaching. 

VIII. No branch will be added to a Common School Certificate 
after the date of its issue; but, when issued, such certificate shall name 
the additional branches, if any, upon which the applicant has passed 
a satisfactory examination. 



443 STATE BOARD OF SCHOOL EXAMINERS. 

IX. As an essential condition of granting a Certificate of either 
grade, the Board will require evidence that the applicant has had 
marked success as a teacher, and has a good knowledge of the science 
and art of teaching. 

Eminent attainments in any particular line of study will receive 
due consideration in determining an applicant's qualifications. 

X. Each applicant for a Certificate shall pay the Board of Ex- 
aminers a fee of five dollars at the opening session of the examination, 
and the Treasurer of the Board shall pay to the State Treasurer all 
fees received. 

The following text-books will furnish a good preparation for ex- 
amination in the subjects named: 



PSYCHOLOGY. 

Required — James' Briefer Course in Psychology (Holt) ; Ladd's 
Psychology, Descriptive and Explanatory (Scribner's) ; John Dewey's 
Psychology (American Book Co.). 

Recommended — Bowne's Introduction to Psychological Theory 
(Harper's); Gordy's New Psychology (Hinds and Noble); Halleck's 
Psychology and Psychic Culture (American Book Co.). 



HISTORY OF EDUCATION. 

Required — Compayre's History of Pedagogy (Heath); Quick's Edu- 
cational Reformers (Appleton) ; Painter's History of Education (Ap- 
pleton). 

Recommended — Krusi's Life of Pestalozzi (American Book Co.); 
Aristotle and Froebel of "Great Educator Series" (Scribner's); Seeley's 
History of Education (American Book Co.). 



SCIENCE OP EDUCATION. 

Required — White's School Management (American Book Co.); 
Lange's Apperception (Heath); Rozenkranz's Philosophy of Education 
(Appleton); Hinsdale's Art of Study (American Book Co.). 

Recommended — DeGarmo's Essentials of Method (Heath); White's 
Art of Teaching (American Book Co.); Page's Theory and Practice 
(Ame/ican Book Co.). 



GUIDE FOR OHIO SCHOOL OFFICERS. 444 

STATE EXAMINATION QUESTION. 

JUNE, 1905. 



LATIN. 



1. Translate into good English: 

Si quid est in me ingenii, judices, quod, sentio, quam sit ex- 
iguum, aut si qua exercitatio dicendi, in qua me non infitior 
mediocriter esse versatum aut si hujusce rei ratio aliqua ob 
optimarum artium studiis ac disciplina profecta, a qua ego 
nullum confiteor aetatis meae tempus abhorruisse ; earum rerum 
omnium vel in primis hie A. Licinius fructum a me repetere 
prope suo jure debet. Nam quod longissime potest mens mea 
rsepicere spatium praeteriti temporis et pueritiae memoriam 
recordari ultimam, inde usque repetens hunc video mihi prin- 
cipem et ad suscipiendam rationem horum studiorum exstitisse. 

2. Give construction of sit, dicendi, debet, and exstitisse. 

3. What can you say of Caesar's style? Of Cicero's? Name some 

writings of each author. Give in good Latin: (a) He says that 
grain is being brought together in the fields; (b) Paul, when 
he was blind, remained at Damascus many days. 

4. Translate into Latin: 

(a) I did not conceal from you the conversation. 

(b) He fortified the hill before it was perceived. 

(c) Give a short sketch of the life of Virgil. 

5. Translate: 

Mecum erit iste labor. Nunc qua ratione, quod instat. 
Conferi possit, panels, adverte, doeebo. 
Venatum Aeneas unaque miserrima Dido. 
In nemus ire parant, ubi primos crastinus ortus. 
Extulerit Titan, radiisque retexerit orbem. 
Give syntax of ratione, paucis and venatum. 

6. Translate the following: 

Brevi spatio interjecto, vix ut iis rebus, quas constituissent, 
collocandis atque administrandis tempus daretur, hostes ex 
omnibus partibus signo dato decurrere, lapides gaesaque in 
vallum conjicere. Nostri primo integris viribus fortiter repug- 
nare neque ullum frustra telum ex loso superiore mittere, ut 
quaeque pars castrorum nudata defensoribus premi videbature, 
eo occurrere et auxilium ferre, sed hoc superari, quod diuturnitate 
pugnae hostes defessi proelio excedebant, alii integris viribus 
succedebant; quarum rerum a nostris propter paucitatem fieri 
nihil poterat, ac non modo defesso ex pugna excedendi, sed ne 
saucio quidem ejus loci, ubi constiterat, relinquendi ac sui 
recipiendi facultas debatur. 

7. Parse the italicized words. 

8. What Latin have you read, and under what teachers was the work 

done? What pronunciation do you teach? Give three good 
reasons for the study of Latin. 



445 STATE EXAMINATION QUESTIONS. 

GJIAMMAR AND COMPOSITION. 

1. State some of the common defects in teaching language. 

2. Name the different participles; state how they are formed and 

governed. 

3. State the origin of the word its. Give the rule for the use of 

would and should. 

4. Define mode. Distinguish the different modes in English, giving 

illusti'ations. 

5. Give the grammatical function of each word: 

"I had rather go than stay." 
In what cases or conditions may as be regarded a relative? 

6. Define case, government in grammar, substantive, verbal and 

idiom. 

7. Parse words in italics: 

"And now depart! and when 
Thy heart is heavy, and thine eyes are dim. 
Lift up thy prayer beseechingly to Him 

Who from the tribes of men. 
Selected thee to feel His chastening rod." 

8. How many divisions of grammar do you make? Why? Define 

each. Give examples of reciprocal pronouns. 

9. Give briefly your plan for composition work. 
10. Diagram : 

6. Name the masterpieces of the following and state when and where 
they were first performed: Handel, Hayden, Wagner. 

Whether the author knows it or not, he writes in order to 
exhibit his ideas of nature and of life; and the characters 
which he fashions, like the events which he arranges, only 
serve to bring to light the dim creative conception which raises 
and combines them. 

MUSIC. 

1. Write in the treble clef one octave of the under-mentioned scales 

(ascending) and their signatures: (a) G minor, with minor 6th 
and major 7th. (b) C sharp minor, with major 6th and major 
7th. 

2. Write in the treble clef the following key signatures, and state for 

what major keys they also stand: G minor, F sharp minor and 
D minor. 

3. Write in the treble clef the following chromatic (ascending and 

descending) scales, G flat and F sharp. 

4. State the meaning of the following terms, etc.: Vivace, Legato, 

Dolce, Calando, Dominant, Major Scale. 

5. Give the names of the composers of the following operas: The 

Marriage of Figaro, The Barber of Seville, Tannhauser, Carmen, 
Fidelio. 



CHEMISTRY. 

1. What are acids, bases and salts? How is the name of salt derived 

from that of an acid? What are the elements found in alcohol, 
and what is the per cent, of each therein? 

2. What are substances necessary to prepare laughing gas, and what 

is the process of preparation? If you have a liter of gas at 0°, 
what will it become at 30°? 

3. Define valence, molecule and atom. What is the law of multiple 

proportions? Illustrate by an example. Name the characteristic 
^ properties of iodine, hydrogen, and potassium. 



GUIDE FOR OHIO SCHOOL OFFICERS. 446 

4. Define chemism, nascent-state, isomerism, phosphorescence and 

quantivalence. Represent the reaction showing the manufacture 
of chlorine from manganese dioxide. 

5. Define the terms affinity, element, halogen, radical, valence. What 

is a chemical equation? Distinguish between volatile and fixed 
oils. What is the chemical composition of dynamite? 

BOOKKEEPING. 

1-5. Make entries in cash book and journal of the following transac- 
tions for double entry bookkeeping. (Cash items are to be 
entered in cash book only) : 
Jan. 2, 1905. Began a general provision business in Columbus 

with cash $2000 and merchandise $5780. 
Jan. 3. Bought for cash, furniture and books for office use $175. 
Jan. 5. Bought of J .W. Young on account 160 barrels of flour 

@ $3.85; 480 bushels potatoes @ 70c; 225 pounds lard @ 9c. 
Jan. 6. Sold William Watson on account 125 bushels potatoes 

@ 74c. 
Jan. 7. Paid J. W. Young $225 by check on Farmers' Bank. 

Cash sales $840.25. 
Jan. 8. Sold John Peters 10 barrels flour @ $4.20; 7o pounds 

lard @ lie. 
Jan. 9. Bought of George Hinde on account 525 pounds butter 

@ 20c.; 250 pounds lard @ 8c. 
Jan. 10. Sold J. G. Albers, Marion, 150 bushels potatoes @ 

75c.; 45 barrels flour @ $4.25. Terms 2% off 5 days, net 

30 days. 
Jan. 12. William Watson remits Henry Smith's note for $75, 

payable to Watson's order, at 30 days, in part payment of 

bill of Jan. 6. 
Jan. 15. Received New York draft from J. G. Albers in payment 

of his bill of Jan. 10, less discount. 
Jan. 16. Bought for cash 5 tons coal @ $7.25 for heating store. 

Cash sales $483.92. 
Jan. 17. Sent George Hinde draft at 10 days on Peter Law- 
rence in payment of his bill of Jan. 9. 
5-6. Post to the double entry ledger all items given in questions 1-5. 

7. Make from the ledger called for in questions 5-6 a trial balance and 

statement of the condition of the business, assuming that the 
inventories are merchandise $5250 and furniture and fixtures 
$160. 

8. Write (a) check mentioned in the transactions of Jan. 7, (b) the 

note mentioned in the transaction of Jan. 12, properly endorsed. 

PHYSIOLOGY. 

1. Name three classes of non-nitrogenous food substances. Name the 

organs of digestion and state what is the principal agent in the 
digestion of the fats and starches. 

2. What are the effects of vigorous exercise taken immediately after 

eating? What do you understand by protoplasm, nucleus and 
centrosome? Describe a typical cell of the human body. 

3. Name the organs or functions of the human body that are first 

and most seriously affected by the use of alcohol and narcotics. 
What are bacteria and how do they produce disease? 

4. What is the importance of ventilation to the human body? State 

how the heat of the body is produced and regulated. Dis- 
tinguish between common and special sensations. What is in- 
stinct? 



447 STATE EXAMINATION QUESTIONS. 

5. Define diaphragm, sesophagus, diastole, pericardium and villi. De- 
fine astigmatism and cataract and state the causes and effects 
of each. Distinguish between a stimulant and a narcotic. 

PHYSICS. 

1. Define thermo-dynamics, latent, sensible and specific heat. Define 

energJ^ foot-pound, dyne, erg, and horse-power. 

2. What is Mariotte's Law? What is Pascal's Law ? What is Archi- 

medes' principle? Deduce the formula for measuring kinetic 
energy when weight and velocity are given. 

3. What determines the ratio between the power and the resistance 

overcome in the hydraulic press? What is the underlying 
principle of the dynamo? Name and define four units of electri- 
cal measurement. 

4. State the laws of the pendulum. Find the length of a pendulum 

that will vibrate quarter-seconds. Distinguish between the es- 
sentials of the incandescent and the arc electric light. 

5. Find the weight of the air in a room 30 feet long, 20 feet wide 

and ten feet high. A mass of iron weighing 10 kgm. (specific 
heat 0.112) falls through a height of 100 m. Find the heat 
generated when it strikes the ground. 

SCIENCE OF EDUCATION. 

1. Distinguish between social, moral, and religious culture. 

2. Should the teacher ever merely entertain? When should he ex- 

plain? Lecture? Distinguish between knowledge and education. 

3. What can you do to bring the school and the home into closer 

life-relation? Why should they be in close relation? Have you 
read Pierre Loti's "Story of A Child"? 

4. Name three qualifications for good reading. Discuss each one. 

"Good reading is an art." Explain this very fully. 

5. Professor Laurie and Roger Ascham object to paraphrasing. 

Quintillian recommends it. What are the arguments on either 
side? 

6. At what age should the study of history be begun? What is the 

Herbartian idea on this point? Give reasons. When should 
story-telling begin in the life of a child? 

7. "Youth is a marvelous stage of development." Explain. 

8. Name five processes of knowledge and define each. 

TRIGONOMETRY. 

1. Define the cosine, cotangent, and cosecant of an angle, and prove 

that these ratios remain unchanged so long as the angle is the 
same. Find the value of these three ratios for aja angle of 45°. 

2. Prove the formulas: 

(1) RinA=|/l— cos^A 

1 

(2) cos A= 



v/l+tan^A 
If sec A=y'2, find tan A 

3. Prove that sin (90°+A)=cos A, and cos (90° -f A)=— sin A. 

Hence show that cos (180° -|- A)^ — cos A. 

4. Show that cos ^A tan -A+sin =A cot^A^l. 

5. Prove that cos (A+B)=cos A cos B — sin A sin B. 
Hence show that: 

cos (A-f B+C) 
^=:cot A cot B cot C — cot A — cot B — cot C. 



sin A sin B sin C 



GUIDE FOR OHIO SCHOOL OFFICERS. 448 

6. Given that sin i/^A^%, find the value of tan A. 

7. Prove that the sides of any plane triangle are proportional to the 

sines of the angles opposite to these sides. 
If 2s=the sum of the three sides (a, b, c) of a triangle, and if A 
he the angle opposite to the side a prove that 

2 . 

sin A^— — l/s(s— a)(s— b)(s-c) 

be 

8. Prove that in any plane triangle 

a — b 

tan 1/2 (A— B)= cot 1/0 C. 

a 4- b 

LOGIC. 

1. Define genus, species, differentia. 

2. What is meant by the quantity and quality of a proposition? By 

generalization? By ambiguous middle? 

3. Explain the relation of logic to psychology. 

4. Make a comparison between inductive and deductive reasoning. 

5. Give the rules for correct definition. 

6. Define and illustrate the terms of disjunctive reasoning, concept 

and judgment. 

7. Explain and illustrate hypothetical reasoning. 

8. Show how the middle, major and minor terms are related. 

POLITICAL ECONOMY. 

1. State the difference between co-operative and profit-sharing in- 

dustries. 

2. Give all the functions of a bank. State the advantages and the 

dangers of bank money. 

3. State the principles of Henry George; of Adam Smith. 

4. Who was the first secretary of the U. S. treasury? How does he 

rank as a financier? What is a trust? Give examples. 

5. What is the origin of gold and silver money? What are some of 

the objections to the use of these two metals as money? To 
the use of paper money? 

6. State one cause of high wages in America. Do wages tend to fall 

to the limit of subsistence? Why? 

7. State and fully illustrate three of the relative conditions of pro- 

duction. 

8. What are the leading arguments of communism and of socialism? 

Show fallacies. 

THEORY AND PRACTICE. 

1. Define consciousness, memory, imagination, percept, concept, and 

sense-perception. What physical elements are involved in sense- 
perception? 

2. What would be the condition of the man with only presentative 

and representative powers? Distinguish between corporal and 
psychical feelings and state what is included in each. 

3. Define and distinguish between intellectual power and skill. Dis- 

tinguish clearly between science and art in teaching. How do 
you comply with the law in reference to scientific temperance 
instruction? 

4. What do you understand by the term "Common Sense Didactics?" 

Define good discipline and state some of the ways by which it 
may be secured. What is the relation between interest and 
attention? 



449 STATE EXAMINATION QUESTIONS. 

5. State the most essential factors in the school and then the most 
essential elements within the factors stated. Define habits 
and state how thej' may be cultivated and controlled. 

BOTANY. 

1. Define spike, glaucous, convolute, adventitious, stomate, endogen, 

exotic. 

2. Give common name, family name and species of two herbs and 

three trees. 

3. How does a plant get each of its chemical elements? How is a 

fern fertilized? 

4. Draw and name the kinds of indeterminate inflorescence. Dis- 

tinguish ovule from ovary. 

5. Describe the work of plants in making soil. 

6. Draw and name the kinds of leaves. 

7. Outline the kinds of fruits. 

8. Is a sponge an animal or a plant? Give reason for answer. 

9. Name a monocotyl, an exogen, a cryptogan, a biennial, a de- 

ciduous tree. . 

ZOOLOGY. 

1. Define zoology. Distinguish between organic and inorganic sub- 
stances. What are vertebrates? Invertebrates? Define in- 
fusoria and radiates. What are parasitic animals? 

2. Define the batrachians. What is the chameleon? What are mi- 

gratory birds? Name some of the birds that are without the 
power of flight. Are the following birds injurious or beneficial 
and in what ways: robins, finches, hawks and crows? 

3. What are gavialS; crocodiles, alligators? Describe the shark, cat- 

fish and gold fish. Describe the bumble bee and the hive bee. 
What are the two kinds of ostriches? Define dentition and 
write the dental formula. 

4. What are the mammals? What are rodents? What is mimicry? 

Distinguish between the porcupine and the hedgehog. What 
are the ungulata? State something concerning each of the fol- 
lowing: Ermine, tapir, llama, hyena, puma. 

5. What is meant by quadrumana? Give some description of the 

aye-aye, marmoset, baboon, chimpanzee and gorilla. Define 
bimana. What are the characteristics that distinguish man 
from the quadrumana? Which of the latter most closely re- 
semble man? 

UNITED STATES HISTORY. 

1. Name a good "Source Book" on United States history, or on some 

important phase of it. Why is such a work valuable? 

2. Give an account of Thurlow Weed. Name the noted journalist who 

influenced American history. Name three great war corre- 
spondents. 

3. Tell the story of C^sar Rodney; of Andrew S. Rowan; of "Mad 

Anthony;" of Webster Davis; of "X. Y. Z." Papers; of Roger 
Brooke Taney. 

4. What important part of America's history is represented in its 

early years by Gilbert Stuart, John Singleton Copley, and Ben- 
jamin West. Write a short sketch of each. 

5. Name America's greatest historians (not more than 8 names). 

Greatest writers; greatest generals; greatest ambassadors and 
ministers. 

6. What was the Dred Scott decision, and what its consequences? 



GUIDE FOR OHIO SCHOOL OFFICERS. 450 

7. Why are Russia and Japan at war? Be specific. What is your 

estimate of the value of current history? 

8. How may a territory become a state? Discuss fully, giving ex- 

amples, including your own state. 

9. Who discovered the Philippines? When? Give their latitude 

and longitude. Name the chief farm products of the Philip- 
pines, and describe the one that is peculiar to these islands. 
10. Name our great naval officers. Give some of the important events 
in the life of Major-General Merritt, U. S. A. 

PSYCHOLOGY. 

1. What is Psychology and what are the objects to be attained in 

its study? Illustrate the means to be employed in forming a 
logical concept. What are the classes into which we may 
divide the intuitions? 

2. Name and define the three usual divisions of psychology. Outline 

the psychological epochs in education and cite the leading 
characteristics of each epoch. 

3. Is conscience a faculty, and if so, to which of the other faculties 

is it most closely allied? Define imaginative activity and state 
the conditions upon which it depends. 

4. What is judgment and what are its essential elements? Explain 

your understanding of categorical judgment. Upon what are 
many of the imperfections of memory based? 

5. Distinguish between sense and acquired perceptions. What are 

some of the conditions that render mental labor pleasurable? 
What are some of the views regarding inherited intellect? 

ARITHMETIC. 

1. i have a garden 21% rods long and IWi rods wide; it is sur- 

rounded by a fence 7% feet high; a walk is laid out within 
the fence which is 714 feet wide at the sides of the garden and 
6% feet wide at the ends; how much is left for cultivation? 

2. How many cannon balls, 6 inches in diameter, are contained in a 

cubical vessel whose side measures 2 feet, and how many 
gallons of water will it hold after it is filled with the balls? 

3. Mr. Johnson has a garden 160 feet long and 105 feet wide; he 

wishes to raise the surface 5 inches by using the earth taken 
from a ditch 3 feet Mide dug around it within the fence, but 
finds that this earth loses 10% in bulk after being spread over 
the garden; what must be the depth of the ditch? 

4. A steamer going from Philadelphia to Liverpool passes over 8i/^ 

degrees of longitude on an average in a day; how long is it 
from noon one day to noon the next day, and how long will it 
be on the return voyage? 
•5. Two steamboats leave Philadelphia and Trenton at the beginning 
of ebb-tide, going towards each other, their rate of travel being 
10 miles an hour, and the tide running 1% miles an hour; how 
far from Philadelphia will the boats meet, the distance being 
about 30 miles? 

6. In turning a cart within a circle it was observed that the outer 

wheel made two turns while the inner made one; the wheels 
were each three feet high, and the axle-tree 4*^ feet long; 
what was the circumference of the track described by the outer 
wheel? 

7. A field is square and contains twenty acres. How many rounds 

will a reaper (6 ft. swath) make in order to cut one-half the 
field? 



451 



STATE EXAMINATION QUESTIONS. 



The area of a rectangular field is 3150 square rods and the pe- 
rimeter is 250 rods. Find the sides. 



9. 
10. 



ALGEBRA. 
Factor: 

(a) 816^—16 

(b) x-—^y- + 6a; +9 

(c) 256*— 6=c= 64c* 
Find the square root of 

(j=m — 2am&= + 6* + 2amC^n— 2b==c'n + C^ 

Simplify: 



(a) 2v/3.r4-5i/9.i"— p/37.r3 
8a 



(b) 3 |^^+2 

>/ 462 / 362 



y/ 2762 



a -\-x-\- -j/2a:c+a;2 



^^6, find a; 



a-\-x — ■\/2ax-\-x^ 



l/b+-i/b—i/b^^bx 



X y 2 \ find x and y. 



xy 

From two places, distant 720 miles, A and B set out to meet each 
other. A traveled 12 miles a day more than B, and the number 
of days before they met was equal to one-half the number of 
miles B went per day. How many miles did each travel per 
day? 

A farmer has a field of 18 rods long and 12 rods wide, which he 
wishes to enlarge, so that it may contain twice its former 
area, by making a uniform addition on all sides. "WTiat will 
be the sides of the field when it is enlarged? 

GENERAL HISTORY. 

Give an account of Michael Severtus. Name the greatest of the 

Medici. Name the Popes of that time. 
Brief sketch of Savonarola. 
Brief account of the Thirty Years' War. 
Name the Bourbon kings of France. Write a short sketch of the 

greatest of them. 
Discuss the contest between Hildebrand and Henry IV. 
Describe the Second Punic War. 

Describe a Greek play. Write a short account of Phidias. 
Name the Houses of England to the present time. Name, also, 

the greatest rulers of each House, or Dynasty. Give dates. 
Why is 1619 A. D. important? 732 A. D.? 490 B. C? 333 B. C? 

1066 A. D.? 1863, July 1-3? 
What is the origin of the Russian people? Name, with dates, the 

great czars of Russia. Which is older, Japan or Russia? 

What form of government has each country? 



GUIDE FOR OHIO SCHOOL OFFICERS. 452 

HISTORY OP EDUCATION. 

1. Give leading facts about Chinese Primary and Higher Education. 

Is education in China under control of the government? What 
are some of the strongest criticisms of the education given a 
Chinese student. 

2. Compare — as educational factors — Confucius and Zoroaster. 

3. "The world is saved by the breath of school children." — The 

Talmud. 
Discuss this statement, and give an account of The Talmud, as an 
educational factor. 

4. What are the great pedagogical principles found in the teaching 

of Christ? 

5. Compare the schools of Athens and of Sparta, discussing the views 

of the greatest teachers of each city. 

6. Give a full account of Abelard. 

7. What is the so-called "Humanistic Movement"? Name its leaders 

in Italy and Germany. 

8. How has Locke influenced education? 

9. Give a clear account of the present school system of Germany. 

10. The same of England. (Briefly.) 

11. Name the greatest teachers produced by the monastic order of St. 

Benedict. 

12. Classify the schools of the United States and name chief sources 

of support for the same. 

ENGLISH LITERATURE. 

1. Explain fully the so-called Romantic Movement in Literature, 

naming its great leaders. 

2. Dean Swift — a short sketch — giving his place in literature and 

his best writings. 

3. What was Jonathan Edwards' great work? Gibbon's? Macau- 

lay's? Dickens'? Tennyson's? 

4. Give an account of Ossian. Quote him. This writer was a favorite 

of what great military chieftain? Of what poet? 

5. Why was "The Faerie Queen" so influential? Quote from it. 

Name its author. 

6. Under what conditions or surroundings did Gibbon write his mas- 

terpiece? To what noted woman was he engaged to be married? 
Name the most famous chapter of his masterpiece. 

7. Name America's most noted poet of nature. England's. Quote 

each one. 

8. Describe the personal appearance of Ruskin. Name your favorite 

work of Ruskin. When and where did he live? Name his great 
work on art. Name a great Russian writer on art. 

9. Name five leading present-day writers, and at least one work of 

each. 

10. Name the great war correspondents. Give the author of "Ninety- 

Three," "The Light That Failed," "Romola," "The Choir In- 
visible," "A Woman's Reason," "The Crisis," "The Conqueror." 
Who founded "The Tattler," "The New York Tribune," "Poor 
Richard's Almanac," "The Saturday Evening Post"? 

11. Give a short but concise history of the novel. 

12. Define metre, and name kinds of feet. What is the heroic measure? 
Scan the following: 

And what is so rare as a day in June? 
Then, if ever, come perfect days; 
Then Heaven tries earth if it be in tune. 
And over it softly her warm ear lays. 
Whether we look, or whether we listen. 
We hear life murmur, or see it glisten. 



453 STATE EXAMINATION QUESTIONS. 

READING. 

1. What attention to punctuation should be given in teaching read- 

ing? 

2. State the advantages resulting from the use of supplementary- 

reading. 

3. Make a list of ten books suitable for supplementary reading, 

and name grade or school year for which each book is adapted. 

4. What special difficulties have you met in teaching reading? How- 

have you overcome them? 

5. To what extent should definition and spelling receive attention in 

a reading lesson? Why? 

6. How may the school library be utilized as a help in teaching read- 

ing? 

7. Indicate the correct pronunciation of the following words: de- 

bonair, diaphanous, prescience, docile, epaulet, sinecure, deto- 
nate, medicinal, refutable, aerated. 

GEOGRAPHY. 

1. Write upon the following topic: Extent and character of the 

work to be covered preliminary to the use of a text-book. 

2. Make a list of reference material that can be readily secured in 

teaching geography. 

3. "The commercial and political importance of a given territory is 

sometimes more largely determined by the character of the 
people than by the geographical conditions." Show the truth 
of this statement and cite typical illustrations. 

4. Contrast Holland and Switzerland, showing how physical condi- 

tions have determined industries and characteristics of the 
people of these countries. 
'5. Mention three events of current interest during the past year 
that should be considered in connection with geography, and 
show what application should be made of each. 

6. In what respects does the climate of European Russia strongly 

resemble that of the Mississippi Valley? Why? 

7. Name the two largest islands of the Philippines. What are the 

advantages to the United States of its control of the Philip- 
pines? The disadvantages? 

8. Describe the present form of government of Japan. State facts 

indicative of the advancement which the Japanese have made 
during the past fifty years. 

CIVIL GOVERNMENT. 

1. Must a representative be a resident of the district in which he 

is chosen? Must he be a voter? Answer for the U. S. and 
Ohio. 

2. Name President Roosevelt's Cabinet. Members of the Supreme 

Court. Speaker of the House. President of the Senate. 

3. Name. ten general powers of Congress. 

4. How are organized territories governed? 
What unorganized territory has the U. S.? 

5. Where does the government get its power? 
What is the object of government? 

6. Give an outline of the system of the U. S. courts. 

8. What two amendments to the state constitution are to be voted 
on next November? 
How amend the state constitution? 
How amend the federal constitution? 



GUIDE FOR OHIO SCHOOL OFFICERS. 454 

ORTHOGRAPHY. 

1. Define elementary sound, trigraph, antonym, phonogram, homo- 

phone. 

2. State the rules of spelling applying to final e; monosyllables end- 

in a consonant; suffix to words ending in y; plurals of nouns 
ending in o. 

3. Account for the presence of so many silent letters in English 

words. Give two rules of spelling applying to silent letters. 

4. State the I'ule of pronunciation applying to the sounds of c. 

Mention two exceptions. 

5. What use may be made of the method known as visualization in 

teaching spelling? 

6. Spell twenty-five words from dictation. 

RHETORIC. 

1. Define sublimity and give some of the qualities that may produce 

it 

2. Define style. Name its essential properties. 

3. What is meant by unity of time, place and action in dramatic 

composition? Which is the most important? Apply your an- 
swer, also, to a Greek play. 

4. What is meant by the unity of a sentence? 

5. Classify the various forms of poetry and state their distinguishing 

characteristics. 

6. What are the objects of the study of Rhetoric? 

7. Distinguish between wit and humor — giving noted examples of 

each. 

8. Words should have what characteristics to be of good use? Ex- 

amples. 

9. What relation exists between Rhetoric and Grammar? Rhetoric 

and English Literature? Quote from Thanatopsis and point out 
the rhetorical beauty of the part quoted. 
10. Write a short account of some accident which enlists human 
sympathy to a high degree. 

SCIENTIFIC TEMPERANCE. 

1. What is the chemical composition of alcohol? Name five al- 

coholic drinks and give the per cent, of alcohol in each. 

2. Why does the habitual use of tobacco (a) weaken the voice, (b) 

affect the action of the pulse? 

3. Mention some ~ of the hereditary effects of excessive indulgence 

in stimulants and narcotics. 

4. State the effect on the kidneys of the habitual use of alcoholic 

drinks. Why does this effect on the kidneys disturb the health 
of the whole system? 

5. What recent legislation has been enacted in one of our neighboring 

states relative to the sale and use of cigarettes? 

GEOMETRY. 

1. The radius of a circle is six inches. Through a point of 10 

inches from the center tangents are drawn. Find the lengths 
of the tangents, and also of the chord joining the points of con- 
tact. 

2. Inscribe a square in a semi-circle. 

3. What part of a parallelogram is the triangle cut off by a line 

drawn from one vertex to the middle point of, one of the op- 
posite sides? 



455 STATE EXAMINATION QUESTIONS. 

4. Demonstrate: The area of a circular ring is equal to that of a 

circle whose diameter is a chord of the outer circle and a 
tangent to the inner circle. 

5. The perpendicular from any point of a circumference upon a chord 

is a mean proportional between the perpendiculars from the 
same point upon the tangent drawn at the extremeties of the 
chord. 

6. Demonstrate: The area of a triangle is equal to half the product 

of its perimeter by the radius of the inscribed circle. 

7. Draw a straight line equidistant from three given points. 

8. The frustum of a right circular cone is 14 feet high, and has a 

volume of 924 cubic feet. Find the radii of its bases if their 
sum is 9 feet. 



MAY, 190.5. 

Uniform examination questions for county teachers' examination for 
Teacher's High School Certificate, prepared under the direction 
of the state school commissioner, and sent out from his office in 
accordance with section 4071a of the new school code. 

GEOMETRY. 

1. What is a postulate? 

Mention two postulates that may be made with regard to straight 
lines. 

2. Define (a) rhombus; (b) lune; (c) trapezium; (d) rhomboid. 

3. State and prove the converse of the proposition given below — 
"A straight line parallel to one side of a triangle divides the 

other two sides proportionally." 

4. What is a corollary? 

Give four corollaries to the proposition — 

"The sum of three angles of a triangle is equal to two right 
angles." 

5. Prove— "Through three given points not in the same straight line 

one circumference and only one can be drawn." 

6. Construct a mean proportional between two given straight lines. 
When is a straight line said to be divided into extreme and mean 

ratio? 

7. Venice is due south of Leipsic 5° 55"; how many miles apart are 

they, the radius of the earth being 4000 miles? 

8. Find the volume of a frustum of a cone revolution the radii of 

whose bases are ''I in. and 6 in., and whose altitude is 36 in. 

GENERAL HISTORY. 

1. Name the most striking geographical features of Greece, and 

state how Greek history was infiuenced by the geography of 
Greece. 

2. At what periods in the world's history were the following coun- 

tries in the height of their power — Austria, Egypt, Persia, 
Rome, and Spain? 

3. What is meant by the Hegira? The Koran? Islam? 

4. When and how was the Magna Charta obtained? 

5. Discuss the Holy Alliance as to — (a) the sovereigns that entered 

into it; (b) its purpose; (c) its results. 



GUIDE FOR OHIO SCHOOL OFFICERS. 456 

6. "What battle made Napoleon master of Europe? 
Give a brief account of his Egyptian campaign. 

7. What was the Nullification Act of South Carolina? 
How did the U. S. government treat it? 

8. What made Garibaldi famous? 

9. Trace the rise of the English House of Commons from its origin 

to predominance of power. 
10. Anaylze Russia's attitude toward the "Eastern question." 



ALGEBRA. 

1. Define Algebra. Explain as you would to a class the meaning of 

signs. 

2. Explain the rules for signs in substraction and multiplication. 

3. What are similar quantities? Illustrate. What are dissimilar 

terms? Illustrate. What is an equation? Write one. 

4. Define axiom, theorem, and problem. Write five theorems, and 

illustrate each. 

5. Simplify: 

X 1 
+ 1 

1 iC + l 

1+ — 

X 

6. If 9 be added to a number consisting of two digits, the two digits 

will change places, and the sum of the two numbers will be 33; 
what is the number? 

7. A and B laid a wager of $20: If A loses, he will have as much as 

B will then have; if B loses he will have half as much as A will 
then have; find the amount each has. 

8. Three-fourths of the square of twice a number is equal to five- 

fourths of the square of four-thirds of the number, increased 
by 28; find the number. 

9. Solve: 

a;^ + a??/ = 10 , 

10. Required the last term of a series whose first term is a, number 
of terms n, and the sum of the terms av?. 



RHETORIC. 

1. Define Rhetoric. Make a clear distinction between Rhetoric and 

Grammar. 

2. Define and state the most probable origin of language. 

3. Define simile, metaphor, and allegory, and quote an example of 

the simile and the metaphor. 

4. Define style, and state the difference between a simple and a la- 

bored style. 

5. What is meant by purity of diction? What is a literary master- 

piece? Name five good examples of the latter. 

6. State the difference between wit and humor. "Give an example 

of each to illustrate the distinction. 

7. What is sublimity? What are the principal points necessary to 

sublimity in writing? 

8. Write examples of antithesis, epigram, metonymy, hyperbole, and 

irony, and explain the figure in each. 

9. Write four quotations in verse, each illustrating different feet, 

and scan each and name the measure used in each. 



457 STATE EXAMINATION QUESTIONS. 

THEORY AND PRACTICE. 

1. What special preparation liave you made for the work of teaching? 

2. Name five elements of governing power in a teacher. 

3. State the underlying principles that should govern the adminis- 

tration of punishment. 

4. What change has been made by the new code in reference to 

township boards of education? 

5. What is meant by correlation of studies? Illustrate. 

COMSiON SENSE DIDACTICS. 

1. What is said of the influence of example in the formation of 

habits? 

2. Name some of the objects of school -government. 

3. What ends are to be kept in mind in temperance instruction? 

4. How is patriotism best taught? 

5. Name three factors in the recitation. 
What is the object of the recitation? 

MENTAL GROWTH AND CONTROL. 

1. What is the most valuable lesson derived from the chapter on 

attention? 

2. State the distinction between association and habit. 

3. Discuss the comparative influence of heredity and environment. 

4. What are instincts? 

Name some of the useful ones. 

0. How does association assist memory? Attention? 

Note. — Take the first group of five and either the second or third 
group of five. 

LATIN. 

1. Give the case endings for all the cases in all the declensions in 

Latin. 

2. Give the principal parts of one . verb of each of the regular con- 

jugations in Latin. 

3. Write briefly of the periphrastic conjugation of verbs. Illustrate 

your statements. 

4. Write in Latin: "Cicero would have ordered Catiline to leave 

the city, had he not known that many Roman citizens enter- 
tained the same sentiments as Catiline." 

5. Write in Latin: "We will send ahead the bravest soldiers to see 

in what direction the Rhemi have marched." 
5-10 inclusive. « 

Translate and give the construction of the words in italics: 
"Causa quae sit, videtis; nunc, quid agendum sit, considerate. 
Primum mihi videtur de genere loelli, deinde de magnitudine, 
tum de imperatore deligendo esse dicendum. Genus est enim 
belli ejus modi, quod maxime vestros animos excitare atque in- 

flavimare 
ad perseguendi studium debeat; in quo agitur populi Romani 
gloria, quae vobis a majoribus, cum magna in omnibus rebus, 
tum summa in re militazi tradita est; agitur salus sociorum 
atque amicorum, pro qua multa majores vestri magna et gravia 
bella gesserunt; aguntur certissima populi Romani vectigalia 
et maxima, quibus amissis et pacis ornamenta et subsidia 
belli requiretis; aguntur bona multorum civium, quibus est 
a vobis et ipsorum et rei publicae causa consulendum." 



GUIDE FOR OHIO SCHOOL OFFICERS. 458 

CHEMISTRY. 

1. (a) What is an element? 

(b) About how many known elements are there? 

(c) Name two that have been recently discovered. 

2. (a) Of what is air composed? 

(b) Is air a mixture or a compound? Explain. 

3. Explain the action of yeast in breadmaking and the formation of 

"mother" in vinegar. 

4. Distinguish between an acid and an alkali. 

5. State what is meant by the vapor density of a gas; find the mole- 

cular weight of a gas whose vapor density is 44. 

6. Write the symbols of the following elements: Copper, iron, so- 

dium, gold, silver, sulphur, lead, magnesium, manganese, mercu- 
ry. 

7. What gases unite to produce the heat in the calcium light? 
What causes the intense light? 

8. What is dynamite? 

What is one essential element in most explosives'' 

9. Give the eommon names of H2O, HNO3, H2CO3 NaCel, N2O, 

Give the chemical names of iron pyrites, galena, cinnabar, gypsum, 
marble. 
10. What do you understand by a chemical reaction? Answer by 
illustraticn. 

PHYSICS. 

1. Define the universal properties of matter. 

2. Distinguish between an atom and a molecule. 

3. Explain why liquids are not as good conductors of heat as solids. 

4. What is the "critical angle" — as of glass? 

5. A bullet is shot upward with a velocity of 300m. per second; how 

far will it rise in the first second? How far from the starting 
point will it be after 40 seconds? 

6. Define (a) dew point; (b) penumbra; (c) calorie. 

7. What are overtones? Harmonics? 

8. Give the law by which the operation of the wedge is controlled. 
How is the law modified in the case of the inclined plane? 

9. A luminous point is three inches from a convex lens having a focal 

length of five inches. Find the position of the image. 
10, Define resultant of forces and illustrate by diagram. 

CIVIL GOVERNMENT. 

1. Describe briefly three classes of colonial government. 
Give an example of each. 

2. Discuss briefiy the origin of political parties. 

3. How are territories represented in Congress? 
What are Congressmen-at-large? * 

4. Enumerate the powers of the President. 

5. How is the District of Columbia governed? 

6. Explain what is meant by each of the following — letters of marque 

and reprisal; referendum; internal revenue; nullification; bill 
of rights. 

7. How are treaties made by our government? 

8. How many offices are there in the President's cabinet? 
What is the latest department created? 

Who was its first incumbent? 

9. Name three different kinds of courts in Ohio. 

Name the county officers in Ohio elected by the people. 
10. Discuss briefly the Constitution as to its origin and time of adop- 
tion. 
How may it be amended? 



459 STATE EX^VMINATION QUESTIONS. 

PHYSICAL GEOGRAPHY. 

1. Explain how rain is produced. 
How do you account for deserts? 

2. Explain the cause of land and sea breezes. 

3. Name five books of interest in connection with this subject. 

4. Define dew-point, glacier, tundras, drift and buttes. 

5. Locate the great iron, gold, coal, lead, and diamond regions of the 

world. 

6. Account for the formation of the Gulf Stream. 

Describe its course, and name the countries affected by its in- 
fluence. 

7. How is the admosphere heated? 

Why is there less danger of frost on a cloudy night? 

8. From what countries do you get quinine, india rubber, tea, opium, 

cloves and pepper? 

9. Describe the trade winds as to their (a) origin; (b) direction; 

(c) advantages. 
10. Explain how the inclination of the earth's axis affects the climate. 

PHYSIOLOGY. 

1. Use either the foot or the arm to illustrate three kinds of levers 

found in the human body. 

2. Why does the face usually become flushed when alcohol is taken 

into the stomach? 

3. What are the bronchial tubes? The villi? 

4. Why should a person abstain from the free use of ice water at 

meals? 

5. Locate and describe the cornea. What is the function of the iris? 

6. Name three classes of food substances from which lime is derived 

for the formation of bone. 

7. What physiological peculiarity is referred to when it is said that 

a person has "a lymphatic temperament"? 

8. What are the functions of the cerebrum? 

From what part of the brain do sensations emanate? 

9. What is the function of the (1) chyle? (2) gastric juice? (3) 

lymph? 
10. What are the organs of respiration? 

How does the diaphragm aid in respiration? 

LITERATURE. 

1. Define literature. What was Lord Bacon's definition of literature? 

2. Write briefiy of the writings of the early American colonists. 

3. What is said of the writings of Cotton Mather and Jonathan 

Edwards? In what respect were these writers alike? The 
general criticism now made concerning the writings of both? 

4. Give a brief account of the literary work of Benjamin Franklin. 

Which two of his works are now recognized as classic? Quote 
some of the familiar sayings of Benjamin Franklin. 

5. Who was the first American novelist? Name some of his novels, 

and comment on their merit. 

6. Make a list of Irving's best writings. What is meant by the 

'Knickerbocker School" of which he has been styled the father? 

7. What is said of Irving's literary style; his wit, his originality? 

8. What are the chief characteristics of Anglo-Saxon poetry? Who 

are the principal writers of the Anglo-Saxon period? 

9. Compare the literature of the Elizabethan period with that of the 

Commonwealth and Restoration as to character, style and liter- 
arv merit. 



GUIDE FOR OHIO SCHOOL OFFICERS. 460 

10. Name the author of each, and describe any one of the following: 
Tales of a Traveler, Evangeline, Cotter's Saturday Night, Leath- 
er-Stocking Tales, Little Women, Snow Bound, Ben Hur, Fable 
for Critics, The Scarlet Letter, Huckleberry Finn. 



BOTANY. 

1. What is the principal oflBce of roots? 

Explain the advantage of rotation of crops in agriculture. 

2. Designate the periods of life as annual, biennial or perennial, of 

the following plants: hop, bean, corn, beet, potato. 

3. Name three characteristics of the endogens that distinguish them 

from exygens. 

4. Explain these terms: a monoecious plant; a staminate flower; 

a sterile flower. 

5. Name all the parts of a flower. 

6. Give the common names and qualities of three of our most 

important grasses. 
7 "What is fertilization? 

What service do insects render in the fertilization of flowers? 

8. What is meant by the term "Alternation of Generations?" 
Give the different phases in the case of ferns. 

9. What is parasite? 
What is a saprophyte? 
Give examples of both. 

10. What are the principal plant foods? 
From what sources are they derived? 



MAY, 1905. 
Uniform examination questions for county teachers' examination for 
Teacher's Special Certificate, prepared under the direction of the 
state school commissioner and sent out from his oflBce in acordance 
with section 4071a of the new school code. 
I 

FORENOON— MUSIC. 

1. What is a sound, a tone, a key, the tonic or key-note? 

2. What is a staff? What a clef? Upon what line is the treble clef 

placed? 

3. What is the difference between a chromatic and a diatonic semi- 

tone? 

4. What is a perfect fifth? Name or write fifths to all the notes, 

beginning with F and proceeding always a fifth higher. 

5. Define legato, staccato, da capo, piano, and forte. 

6. Write the notes which represent the different lengths of tone. 

Write the various rests used in music. 

7. What is modulation? What is syncopation? 

8. Write the major triads found in the scale of C. Write the minor 

triads found in the scale of C. 

9. How does the major triad differ from the minor? What is the 

diminished triad? 
10. When is a chord said to be inverted? Write the inversions of the 
chord of the dominant seventh. 



461 STATE EXAMINATION QUESTIONS. 

MAY, 1905. 
GERMAN. 

1 2Bte biele §rrltf el qxU e§ ? ©ecltnireii ©te ben Befttmmten unb 
b^n unbefttmmten Strtifel. 

2. Translate a)?tt ©oetf^e ftai'B ber grofete Stirifer, bielleic^t 
ber grofeta aller 3etten unb aller 23oIfer, unb tote einer 
unferer eigenen £)irf)ter, SSagarb 3:;at)Ior fagt, einer ber 
boIIiOmmenften unb uniberfeEften 9QZenfd)en aHer 3etten. 

3. S)edintren ©ie: „S)er ^omerab", „ha§> ^erg" in ber ©in= 

unb 'Met)x^d)l. 

4. SSerfe^en @ie folgenbe ©d^e: ©r tear nod) ein S^noBe, qI§ id) 

il)n fannte. ©ie mad)ten un§ ben 33orfd)Iag, um3ufeE)= 
ren, qB trir jd^on naf)e bei ber ©tabt tvaven. ^d) Be= 
finbe mid) tvoljl, jeitbem ic^ auf ha^ Sanb gefommen bin. 

5. 3Bann toirb ha§> ©igenfc^aft^lDort nidjt beclinirt? SSann fonn 

e§ beclinirt toerben? ©eben @ie ^Beifpiele. 2Bie fann eg 
beclinirt inerben? ©eben ©ie ^Seifpiele. 

7. ©cE)reiben ©ie bie ^ilf§3eitn3i3rter ber 3eit. ©eben @ie bie 

;§au|3tformen bon „fein" unb „tDerben". ©onjugiren 
©ie „fein" in ber ©egentoart, ^nbicatib unb ©ubjunctib 

8. ©ecliniren ©ie: „©(^rDQr3e§ %ud}" in ber @in= unb Wel^v^afjl. 

9. ©e^en ©ie ha§ :paffenbe |)erfbnli(^e gui'^boi-'t ctn bie ©telle be§ 

©tric^eS. gel)en in ben ©arten, bJoEen 

nid)t begleiten? S§ tl^ut leib, 

bofe nid)t begleiten fann, 

mufe Quf ha§: Sanb faf)ren. @e[tern fut)ren 

mit meinem £)nfel nad) Berlin. 
10. Translate ®Q§ Seben gleid)t einem 33u(^e; Xoren bnrd)= 

BIdttern e§ fliid)tig; ber SSeife Iie[t e§ mit 93ebQd)t, benn 
er meife, ha'^ er e§ nur einmal lefen fann. @r fd)Idft ben 
le^ten ©d)Iaf. @r mar ber ^ul\e bebiirftig. 



Uniform examination que'otions for county teachers' examination for 
Teacher's Elementary School Certificate, prepared under the di- 
rection of the state school commissioner, and sent out from his 
office in accordance with section 4071a of the new school code. 

WRITING. 

Add a quotation of one stanza of poetry to the manuscript on 
orthography. Examiners will grade writing of the manuscript in or- 
thography. 

Notice to Examiners: — The order of submitting lists to applicants 
must be strictly followed. Lists to be taken in the forenoon must not 
be given to applicants in the afternoon. 

So many calls for the required high school branches have been 

received that it has been found necessary to send out the entire list 

this month. 

E. A. Jones, Comrmssioner. 



GUIDE FOR OHIO SCHOOL OFFICERS. 



462 



ORTHOGRAPHY. 

50 credits. 

1. What is orthography? 

2. What is a primitive word? 

3. What is a syllable? 

4. What is meant by a penult or penultimate? 

5. Mark the first vowel in the following: Ale, arm, all, end, ice, use, 

old, eve, what. 
25 words (2 credits each.) 

1 privilege 10 museum 18 beguile 

2 opulent 11 homicide 19 cylinder 

3 almanac 12 apparatus 20 tenement 

4 pursue 13 heinous 21 cinder 

5 apparent 14 rendezvous 22 genealogy 

6 imperative 15 surety 23 mucilage 

7 illegible 16 decipher 24 unparalleled 

8 occurrence 17 Fahrenheit 25 hymeneal 

Q SllT'P 

ARITHMETIC. 

1. When it is 10:45 p. m. at Portland Me., 70° 15' west longitude, 

what is the time at Rome, 12° 27' east longitude? 

2. At $12 per M what will be the cost of 2 in. plank for a 3 ft. 6 in. 

sidewalk on the street side of a rectangular corner lot 56 ft. 
by 106 ft. 6 in.? 

3. Find the cost of a carpet % yd. wide, at $1.50 per yd., for a room 

20 ft. long and 18 ft. wide, strips running crosswise, allowing 
a waste of 1-5 yd. on each strip for the matching? 

4. Find the sum of 5-6 mi., 2-3 fur., % rd., and 2-3 ft. 

5. A and B being 150 miles apart travel toward each other. They 

start at the same time and meet at the end of 8 hours, when 
they discover that A has traveled 1^^ miles per hour more than 
B. How many miles has each traveled? 

6. Give the principle upon which the reduction of fractions is based. 

Illustrate. 

7. Which is the more profitable, to buy goods worth $500 at 90 days, 

3% off for cash, or put the amount at interest at 7%, and let 
the bill run to maturity? 

8. The wheels of a sulky are 41/2 feet apart. In driving around 

a circular track the inner wheel traverses 1 mile. How far 
does the outer wheel go? 

GRAMMAR. 

1. Write (a) an exclamatory sentence containing an infinitive phrase, 

(b) a declarative sentence containing a noun clause, (c) an 
interrogative sentence containing an adverbial clause. 

2. Define modifier, phrase, clause. 

3. Write sentences illustrating the following use of the infinitive 

phrase : 

(a) as subject. 

(b) as attributive complement. 

(c) as object. 

(d) as independent element. 

4. Distinguish between analysis and synthesis. 

5. Write sentences illustrating a clause used (a) subject of a finite 

verb, (b) object of a transitive verb, (c) object of a preposition. 

6. Give an example in a sentence of "what" used as (a) a i^elative 

pronoun, (b) an interrogative pronoun, (c) an adjective, (d) 
an interjection. 

7. Define Conjugation. Define Declension. Decline them. Define 

Comparison. Compare good-natured. 



463 STATE EXAMINATION QUESTIONS. 

8. Write the plural of the following: Ottoman, alderman, court-mar- 

tial, mouthful, nebula, focus, hypothesis, trout? elf, aid-de-camp. 

9. Analyze: 

May God forgive the child of dust 

Who seeks to know where Faith should trust. — Whittier. 
10. "This castle hath a pleasant seat; the air nimbly and sweetly 
recommends itself unto our gentle senses." 
Classify each word in the above sentence and give reason. 



THEORY AND PRACTICE. 

1. What special preparation have you made for the work of teaching? 

2. Name five elements of governing power in a teacher. 

3. State the underlying principles that should govern the adminis- 

tration of punishment. 

4. What change has been made by the new code in reference to 

township boards of education? 

5. What is meant by correlation of studies? Illustrate. 

COMMON SENSE mOACTICS. 

1. What is said of the influence of example in the formation of 

habits? 

2. Name some of the objects of school govei'nment. 

3. What ends are to be kept in mind in temperance instruction? 

4. How is patriotism best taught? 

5. Name three factors in the recitation. 
What is the object of the recitation? 

■ 

MENTAL GROWTH AND CONTROL. 

1. What is the most valuable lesson derived from the chapter on 

attention? 

2. State the distinction between association and habit. 

3. Discuss the comparative influence of heredity and environment. 

4. What are instincts? 

Name some of the useful ones. 

5. How does the association assist memory? Attention? 

Note. — Take the first group of five and either the second or third 
group of five. 

PHYSIOLOGY. 

1. Use either the foot or the arm to illustrate three kinds of levers 

found in the human body. 

2. Why does the face usually become flushed when alcohol is taken 

into the stomach? 

3. What are the bronchial tubes? The villi? 

4. Why should a person abstain from the free use of ice water at 

meals? 

5. Locate and describe the cornea. What is the function of the iris? 

6. Name three classes of food substances from which lime is derived 

for the formation of bone. 

7. What physiological peculiarity is referred to when it is said that 

a person has "a lymphatic temperament"? 

8. What are the functions of the cerebrum? 

From what part of the brain do sensations emanate? 

9. What is the function of the (1) chyle? (2) gastric juice. (3) 

lymph? 
10. What are the organs of respiration? 

How does the diaphragm aid in respiration? 



GUIDE FOR OHIO SCHOOL OFFICERS. 464 

HISTORY AND CIVIL GOVERNMENT. 

1. What connection had the following persons with American his- 

tory; De Soto, Leonard Calvert, Roger Williams, Cartier, Henry 
Hudson? 

2. What application had the terms "Whigs and Tories"? 

3. Name five eminent European officers who served with distinction 

in the continental armies. 

4. Define the terms citizenship, tonnage, letters of marque and re- 

prisal, unconstitutional and treason. 

5. Enumerate the principal duties of the secretary of state, an 

American embassador, and American consul. 

6. Mention three financial measures advocated by Hamilton for rais- 

ing a revenue and strengthening the credit of the nation. 

7. What addition was made to the territory of the U. S. in 1803? 

In 1867? In 1898? 

8. Give a brief account of any two of the following: The Barbary 

war; the invention of the cotton gin and its results; the Alien 
and Sedition laws. 

9. What service was rendered the American Revolution by (a) Ben- 

jamin Franklin, (b) Robert Morris. 
10. Give the principal facts relating to the Louisiana Purchase, stat- 
ing (a) time of purchase, (b) why its acquisition was desired, 
(c) from whom purchased, (d) the sum paid. 

LITERATURE. 

1. Define literature. What was Lord Bacon's definition of literature? 

2. Write briefiy of the writings of the early American colonists. 

* 3. What is said of the writings of Cotton Mather and Jonathan 
Edwards? In what respect were these writers alike? The 
general criticism now made concerning the writings of both? 

4. Give a brief account of the literary work of Benjamin Franklin. 

Which two of his works are now recognized as classic? Quote 
some of the familiar sayings of Benjamin Franklin. 

5. Who was the first American novelist? Name some of his novels, 

and comment on their merit. 

6. Make a list of Irving's best writings. What is meant by the 

"Knickerbocker School" of which he has been styled the father? 

7. What is said of Irving's literary style; his wit; his originality? 

8. In what does each of the following characters appear: lago, 

Ichabod, Crane, Rowena, Giant Despair, Hester Prynne, 
Scrooge? Describe any two of the characters mentioned. 

9. Classify the following and name the author of each: The Rape 

of the Lock, Kenilworth, In Memoriam, The Seasons, The 
Faerie Queene. 
10. Define the following literary forms and name an example of each: 
sonnet, epic, tragedy, satire, lyric. 

GEOGRAPHY. 

1. Give the latitude of (a) the Tropic of Cancer; (b) the Arctic 

Circle, (c) the northern boundary of Ohio. 

2. To what part of the world would you go for coffee? Diamonds? 

Tea? Sponges? Silk? 

3. Name the countries of Europe that border on the North Sea with 

their capitals. 
What countries of Africa border on the Mediterranean Sea? 

4. Locate the five largest cities of Ohio by counties. 

5. Name three large rivers draining (a) the northern slope of Asia; 

(b) the eastern slope; (c) the southern slope. 



465 STATE EXAMINATION QUESTIONS. 

What and where are the following: Volga, Guam, Crimea, Tus- 

kegee, Formosa? 
Name the natural causes that have contributed to the growth of 

Cleveland, Minneapolis and San Francisco. 
In what country and on what water is each of the following cities: 
Vera Cruz, Vienna, Genoa, Montreal, Duluth? 
9. Describe the shortest all-water route from New York to Calcutta. 
10. Give approximately the area and population of Ohio. 
What states outrank it in population? 

READING. 
Examiners will conduct oral examinations in reading. 



GUIDE FOR OHIO SCHOOL OFFICERS. 466 



PUPIL'S EXAMINATION. 

April 15, 1905. 
(Under the Act of March 28, 1902.) 



UNITED STATES HISTORY AND CIVIL GOVERNMENT. 

1. Relate two events in the life of Columbus that show his perse- 

verance. 

2. Where and for what purpose did Lord Baltimore found a colony 

in America? 

3. What battle do you consider marked the turning point of the 

Revolution? Give reasons. 

4. What were the important events of the Hayes Administi'ation? 

5. Name six prominent generals of the Civil War, and tell on which 

side each fought. 

6. What presidents has Ohio furnished? What battlefields? 

7. Name five important events connected with the history of slavery 

in the United States. 

8. Name three classes of persons who have no legal right to vote. 

9. State three purposes, given in the preamble, for which the Con- 

stitution of the United States was framed. 
10. What is the name of the highest court of the United States" How- 
are its judges chosen? 

ORTHOGRAPHY. 

1. Distinguish between orthography and prosody. 

2. Define the term liquid as applied in orthography. Mention all 

the letters in this class. 

3. Write three suffixes that denote negation. Give the meaning of 

the prefixes pre, trans, and ex. 

4. Mark correctly the pronunciation of the following words- (1) 

illustrate; (2) sacrifice; (3) Arkansas; (4) finance; (5) sac- 
rilege. 

5. Spell the following words to be pronounced by the examiner: (1) 

culinary (2) secede; (3) sensible; (4) achieve; (5) catarrahi; 
(6) deplore; (7) assignee; (8) dropsy; (9) Milwaukee; (10) 
depths; (11) rogue; (12) pigeon; (13) ballad; (14) prom- 
issory; (15) gauge; (16) larynx; (17) Chesapeake; (18) re- 
verse; (19) Appalachian; (20) cargoes. 

WRITING. 

Note. — Applicant will copy the following in his best handwritinjr, 
giving care to punctuation and capitals. 

If I could put my words in song, 

And tell what's there enjoyed. 
All men would to my garden throng. 

And leave the cities void. 
In my plot no tulips blow — 

Snow-loving pines and oaks instead; 



467 pupils' examination. 

And rank the savage maples grow 

From spring's faint flush to autumn's red. 

My garden is a forest ledge, 
Which elder forests bound; 

The banks slope down to the blue lake edge, 
Then plunge to depths profound. — Emerson. 

PHYSIOLOGY. 

1. Distinguish between physiology and anatomy. 

2. Name the bones of the arm and hand. 

3. Give the composition of the blood. 

4. Describe the pulmonary circulation. 

5. For what purpose is lime required in the body? Fat? 

6. What are the organs of respiration? How does the diaphragm 

aid in respiration? 

7. Namo the digestive fluids. 

S. Of what is the saliva composed, and what office does it perform? 
9. Classify the teeth. Upon what class devolves the chief duty of 
masticating the food? 
10. Why are stimulants dangerous? Illustrate by alcohol. 

READING. 
(Examiners will conduct an oral examination in reading.) 

ARITHMETIC. 

1. From one hundred substract the sum of .371 and sixty-five ten 

thousandths, multiply the remainder by three-tenths, and divide 
the product by 5 millionths. 

2. Explain the relation between longitude and time. Distinguish 

between standard and local time. What is the difference in 
time between eastern standard time and Pacific standard time. 

3. The proceeds of a ninety day note discounted at a bank at 6% 17 

days after date, are $274.17; find the face of the note. 

4. Define a composite number, power, reciprocal, meter, ratio. 

5. A man bought goods at discounts of 20 and 30 from the list 

price, and sold at discounts of 10 and 4 from the list price. 
Find his per cent, of gain. 

6. A square field contains twenty acres. Find the number of rods 

of fence required to enclose it. 

7. What is the cost of flooring a room 18 ft. 6 in. long, and 12 ft. 3 

in. wide, at $8.25 per 100 sq. ft? 

8. Find the valu3 of 8X4 — 9X2+43, using the signs according to 

their true mathematical signification. 

9. |/.000961=? 

10. What is the common denomination to which dry measure and 
liquid measure can be reduced? A cask that will contain ten 
bushels of wheat will contain how many gallons of water? 

GRAMMAR. 

1. Name the two offices of a noun that a clause may perform. 

2. Give the syntax of the italicized infinitives in the following: 

(1) The paper, to be sure, was rather frayed at the edges; (2) 
I shall endeavor to render it in modern parlance; (3) Shall 
I be left to die alone? (4) Books were written to give pleasure 
and to be enjoyed. 

3. Define case, and state how the case of a substantive is determined. 

4. Write two sentences, one containing a clause in apposition with 

a noun, and one containing a noun in apposition with a clause. 



GUIDE FOR OHIO SCHOOL OFFICERS. 468 

5. State three different ways of comparing adverbs and illustrate 

each. 

6. Analyze the following selection: 

The Niobe of Nations! there she stands. 
Childless and crownless in her voiceless woe, 
An empty urn in her withered hands, 
Whose holy dust was. scattered long ago. 

7. Name and classify the modifiers of Niobe. 

8. Name the principal and subordinate clauses in the selection and 

state the grammatical construction of each. 

9. Parse the italicized words. 

10. Classify pronouns and use and example of each in sentences. 

GEOGRAPHY. 

1. What river is on the boundary between (a) Pennsylvania and 

New Jersey; (b) Vermont and New Hampshire; (c) Europe 
and Asia; (d) United States and Mexico; (e) Paraguay and 
Argentine Republic? 

2. What effect is a great extent of seacoast likely to have upon the 

climate of a country? What effect upon the occupation of the 
people? 

3. Mention two states in the United States that lead in the mining 

of coal; two in the mining of copper; one in the mining of salt. 

4. Name the five states that bound Ohio. 

5. Locate two important commercial centers upon the Gulf of Mex- 

ico; two upon the Ohio river; one upon Lake Superior. 

6. Define (a) oasis; (b) fjord; (c) delta. 

7. What physical conditions have contributed to the growth of Buf- 

falo as a commercial center? 

8. Under the protection of what world power is each of the following 

cities: (a) Gibraltar; (b) Manila; (c) Sitka; (d) Algiers; 
(e) Cayenne? 

9. Describe the government of Canada. 

10. What articles would you expect a ship loading at Cape Town to 
take in cargo? 



469 



UNITED STATES STATISTICS. 



UNITED STATES STATISTICS. 



The total population, 
population. 



TABLE I. 
the school population and the adult male 



Gtate or Territory 



a 

_, "3 CO 

''^ ft S 

S o 2 

«3 CLi PI 

m O O 

H e :5 



The School Population 



Estimated number of children 
5 to 18 years in 1903 



Boys 



Girls 



Total 



«M 




o 




® 




fco 




03 








13 




0) 








^^ 


t>. 


<o 


o 


CU 


m 






United States 

North Atlantic Div. 
South Atlantic Div.. 
South Central Div. . . 
North Central Div.. 
Western Division. . . . 
North Atlantic Div. : 

Maine 

New Hampshire. . . 

Vermont 

Massachusetts . . . 

Rhode Island 

Connecticut 

New York 

New Jersey 

Pennsylvania . . . . 
South Atlantic Div. : 

Delaware 

Maryland 

Dist. of Columbia 

Virginia 

West Virginia. . . . 

North Carolina . . . 

South Carolina . . . 

Georgia 

Florida 

South Central Div. : 

Kentucky 

Tennessee 

Alabama 

Mississippi 

Louisiana 

Texas 

Arkansas 

Oklahoma 

Indian Territory. . 
North Central Div. : 

Ohio 

Indiana 

Illinois 

Michigan 

Wisconsin 

Minnesota 

Iowa 

Missouri 

North Dakota . ... 

South Dakota .... 

Nebraska 

Kansas 

Western Div. : 

Montana 

Wyoming 

Colorado 

New Mexico 

Arizona 

Utah 

Nevada 

Idaho 

Washington 

Oregon 

California 



79,900,389 | 11,415,307 | 11,239,694 | 22,655,001 | 50. 3S | 22,234,431 



22,140,788 
10,931,970 
14,941,636 
27,490,996 
4,394,999 



702,875 

422,109 

347,007 

2,974.021 

454,629 

956,789 

7,659,814 

2,016,797 

6,606,747 

189,878 
1,231,739 

293,217 
1,919,103 
1,021,106 
1,976,571 
1,397,067 
2.336,404 

566,885 

2,2.30.619 
2,095,223 
1,923,284 
1,629,771 
1,460,237 
3,285.474 
1,366.119 
495,285 
455,624 

4,302,860 
2,614,223 
5,117,036 
2.510,647 
2.155,441 
1.857,462 
2,336.4,84 
3,227,214 
357,594 
443,927 
1.098.139 
1,469,969 

277,102 
101,525 
574,030 
205.819 
133,338 
295,404 
40,829 
183,738 
581.626 
437,302 
1.564 286 



2,704,598 
1,748,893 
2,485,137 
3,919,243 
557,436 



82,430 

45,488 

41,331 

328,466 

53,237 

109,465 

911,870 

2,50,789 

881,522 

25,557 
171,965 

30,637 
305,159 
160,396 
332,785 
243,336 
391,191 

87,864 

350,172 
341,069 
325,428 
280,552 
239,209 
556,481 
233.414 
79,233 
79,579 

575,830 
366,632 
703,277 
343,390 
322,068 
275,832 
337,011 
480.869 
54,798 
70,281 
167,385 
221,870 

31,323 
12.702 
71,105 
32,070 
17.644 
48,151 
4,477 
26,842 
74,753 
58.471 
179.898 



2,702,704 
1,726,755 
2,422,136 
3,843.810 
544,289 



80,637 

45,688 

,39,869 

331,767 

53,601 

109,640 

918,826 

253,410 

869,266 

24,761 
171,690 

32,991 
301,278 
154,105 
325,413 
240,049 
389,165 

87,303 

341,320 
329,402 
316.949 
273,570 
236,828 
544,153 
228,334 
75,791 
75,789 

564,428 
357,508 
698,791 
336,995 
318,098 
270,262 
328,887 
471,159 
52.480 
67,336 
163,155 
214,711 

80,471 
11.562 
70,680 
30,911 
16,891 
48,151 

4,220 I 

25,707 I 

72,398 I 

56.539 I 

176.759 I 



5,407,302 
3,475,648 
4,907,278 
7,763,053 
1,101,725 



163,067 

91,176 

81,200 

660,233 

106,838 

219,105 

1,830,696 

504,199 

1,750,788 

50,318 
343,655 

63,628 
606,437 
314,501 
658,198 
483,385 
780,359 
175,167 

691,492 
670,471 
642,377 
554,122 
476,037 
1,100,634 
461,748 
155,024 
155,368 

1,140,258 
724,140 

1,402,068 
680,385 
640,166 
546,094 
665,898 
952,028 
107,278 
137.617 
330,540 
436,581 

61.794 

24,264 

141,785 

62,981 

34,535 

96.302 

S.697 

52.549 

147,151 

115,010 

356.657 



50.02 
50.32 
50.62 
50.46 
50.59 



50.55 
49.89 
50.90 
49.75 
49.83 
49.93 
40.81 
49.74 
50.35 

50.79 
50.04 
48.15 
50 . 32 
51.00 
50.56 
50.34 
50.13 
50.16 

50.64 
50.87 
50.66 
50.63 
50.25 
50.56 
50.55 
51.11 
51.22 

50.50 
50.63 
50.16 
50.47 
50.31 
50.51 
50.61 
50.51 
51.08 
51.07 
50.64 
50.82 

50.69 
52.35 
50.15 
50.92 
51.09 
50.00 
51.48 
51.08 
50.80 
50.84 
50.44 



6,587,707 
2,613,720 
3,590,093 
7,886,839 
1,556,072 



220,630 
134.485 
109,539 
893,955 
1.34.936 
294,915 

2,301,185 
594,955 

1,903,107 

55,501 
333,345 

88,061 
463,318 
263,866 
436,385 
295,348 
528,303 
149,593 

565,640 
505,535 
435,532 
366,829 
345,127 
795,758 
326,918 
135,646 
113,108 

1,256,564 
749,485 

1,488,996 
747,743 
595,3.54 
537,903 
665,232 
891,098 
106,840 
124,681 
309,055 
413,879 

116,296 

41.613 

197.507 

58.006 

47,900 

71,745 

17.090 

61.167 

219.696 

152,618 

572,434 



GUIDE FOR OHIO SCHOOL OFFICERS. 



470 



TABLE II. 

Density of population, nativity and race classification, value of man- 
ufactures, illiteracy and relations of the adult male and of the school 
population. 

(Note. — The statistics in this table, except those in column 12, are 
from the U. S. Census of 1900). 



State or Territory 



The Total Population 



a It 
o o* 

•20 

pi a:;i 



It) ^ 

01 oS 
A^ Piod 



Per cent, of 
native and for- 
eign whites 
and of colored 



03 r5 



23 ^, 



« (- o 
i> ftp. 



The adult male 
population (.2 
years and over) 



2iS ; 



Per cent, of 
Illiterates 
(unable to 
write) among 
adult mall s 



_i gS DO 



a? 



ao 



t^ .d t<B 



J2i S 



United States 

North Atlantic Div 
Soutlj Atlantc Div . 
South Centr.il Div . 
North Central Div. 
Western Division . . 
North Atlantic Div. 

Maine , 

New Hampshire. 

Vermont 

Massachusetts . . . 

Rhode Island 

Connecticut 

New York , 

New Jersey 

Pennsylvania . . . . 
South Atlantic Div. 

Delaware 

Maryland 

Dist. of Columbia. 

Virginia 

West Virginia . . . . 

North Carolina . . . 

South Carolina . . . . 

Georgia 

Florida 

South Central Div. : 

Kentucky 

Tennessee 

Alabama 

Mississippi 

I^ouisiana 

Texas 

Arkansas 

Oklahoma 

Indian Territory . . 
North Central Div. : 

Ohio 

Indiana 

Illinois 

Michigan 

Wisconsin 

Minnesota 

Iowa 

Missouri 

North Dakota 

South Dakota 

Nebraska 

Kansas 

Western Div. : 

Montana 

Wyoming 

Colorado 

New Mexiego . . . . 

Arizona 

Utah 

Nevada 

Idaho 

Washngton 

Oregon 

California 



25. 6| 32.6) 74. 4| 13. 4| 12. 2| $74.53| 98.3] 4.9|11.5|47.4|31.3|28.3 



129.8 

• 38.0 

23.1 

34.9 

3.5 



57.0 
17.0 
11.4 
30.6 
31.2 



23.2 

45,7 
37.6 
348.9 
407.0 
187.5 
152.6 
250.3 
140.1 

94.3 

120.5 

4,645.3 

46.2 

38.9 

39.0 

44.4 

37.6 

9.7 

53.7 
48.4 
35.5 
33.5 
30.4 
11.6 
24.7 
10.3 
12.6 

102.0 
70.1 
86.1 
42.2 
38.0 
22.1 
40.2 
45.2 
4.5 
5.2 
13.9 
18.0 

1.7 
.9 
5.2 
1.6 
1.1 
3.4 
.4 
1.9 
7.7 
4.4 
9.5 



23.T 

3S.6 
11.2 
67.0 
66.1 
52.0 
68.5 
61.2 
45.5 

41.4 

46.9 

100.0 

14.7 

7.7 

5.1 

7.5 

11.0 

15.0 

16.9 

13.4 

7.3 

2.6 

22.8 

11.3 

5.4 

5.0 

0.0 

38.5 
24.2 
47,. 1 
30.9 
30.7 
26.8 
16.8 
30.8 
3.0 
2.6 
15. S 
14.0 

27.0 

24.1 

38.1 

0.0 

0.0 

25.2 

0.0 

0.0 

31.9 

23.9 

43.7 



75.6 
62.2 
67.2 
82.1 
76.1 



22.5 

2.0 

2.5 

15.8 

18.6 



1.9 

35.8 

30.3 

2.1 

5.3 



S6.3 

78.4 
86.7 
68.8 
66.6 
72.1 
72.5 
73.4 
81.9 

75.9 
72.3 

61.7 
63.3 
93.1 
66.5 
41.2 
52.7 
52.6 

84.4 
75.3 
53.9 
40.8 
49.1 
73.8 
70.9 
88.4 
76.0 

86.7 
92.1 
78.2 
76.9 
74.6 
70.4 
85.7 
87.9 
62.4 
72.8 
82.5 
87.7 

67.4 
78.3 
81.2 
85.5 
57.4 
79.4 
63.3 
82.0 
76.1 
82.4 
73.2 



13.4 

21.4 
13.0 
29.9 
31.2 
26.1 
26.0 
22.8 
15.6 

7.5 

7.9 

7.0 

1.0 

2.4 

.2 

.4 

.6 

3.7 

2.3 

.9 

.8 

.5 

3.7 

5.8 

1.1 

3.9 

1.2 

11.0 
5.6 
20.0 
22.3 
24.9 
28.8 
13.7 
6.9 
35.3 
22.0 
16.6 



25.6 
17.9 
16.8 
6.8 
18.2 
19.1 
20.3 
13.5 
19.7 
13.0 
21.3 



.3 
.2 
.3 
1.3 
2.2 
1.8 
1.5 
3.8 
2.5 

16.6 
19.8 
31.3 
35.7 
4.5 
33.3 
58.4 
46.7 
43.7 

13.3 

23.8 
45.3 
58.7 
47.2 

20.4 

28.0 

7.7 

22.8 

2.3 

2.3 
1.8 



5.2 
2.3 
5.2 
.9 
3.7 

7.0 
3.8 
2.0 
7.7 

24.4 
1.5 

16.4 
4.51 
4.2! 
4.61 
5.51 



140.22|121.S 
35.48) 75.2 
20.441 73.1 
68.08 101.6 
63.96 141.1 



84.231135.3 

127. 221147. 5 



80.80 
171.99 
204.60 
184.04 
141.9 
133.15 
125.73 

101.42 
82.62 

101.53 
30.91 
33.20 
22.10 
18.44 
21.85 
40.06 

33.22 
21.92 
20.04 
12.08 
28.14 
17.16 
16.19 
6.01 
4.25 



92, 
64, 
107, 
65. 
73, 
50, 
28, 
54, 
11. 
10. 
39. 
29. 

100. 

26. 

66. 

13. 
104. 

30. 

19. 

12. 

72. 

48. 

77. 



1.34.9 
135.4 
126.3 
134.6 

125.7 
118.0 
108.7 

110.3 
97.0 

138.4 
76.4 
83.9 
66.3 
61.11 
67.7 
85.4 



2.0115.2115.3 

11.5|11.3 51.1 

11.1|18.8 52.5 

2.9| 7.9 24.8 

2.4 7.7 13.4 



28.3 
33.0 
33.9 
32.4 
25.6 



24.4 
31.8 
32.8 
28.2 
25.1 



3.ll21.4ll7.3|28.0|23.2 
2.0124. 0114. 8124. 8121. 6 



2.0 
1.0 
1.8 
2.3 
2.5 

7.1 

5.1 

.9 

12.2 

10.7 

18.9 

12.3 

11.8 

8.3 



14.3 
14.1 
13.8 



81.8 
75.4 
07.8 
06.2 

72.5 16.9 
72,3 5.8 
70.8 10,5 
87.51 2.7 
72.8 10.7 



23.3 
13.8 
18.2 
15.6 
12.1 
13.4 
20.2 

17.6 
10.7 

5.0 
10.5 
22.5 

5.7 



42. 

40. 

26. 

52. 

37. 

53. 
5.2154. 
5.6 56. 
9.2 39. 



19.7 
10.5 
15.4 
13.1 
11.3 
18.3 
17.5 



171188. 
111171, 
601130, 
781 02, 
54 138, 
00| 74, 
311196, 
151116, 
761149, 
101132, 
271160. 



8.6 49.5 

7.7 47.6 
8.0;59.5 

8.11 9.5153.2 

24.6 01,3 

25.4 45.1 

6 4 44.8 

6.3 32.0 

16.841.3 



3.2 



4.41 9.6 
2.8j 7.8 
10.2 



9.6121.8 



27.2 
25.5 
25.7 
25.9 
28.1 
29.0 
30.6 



31.7 
33.8 
32.2 
30.3 
33.6 
32.5 
1 



23.4 
22.2 
23.5 
22.9 
23.9 
25.0 
26.5 



31 

31 

27 

32 

34 

33.6 33.3 

33 

34 

34. 



26.5 
27.9 
21.7 
31.6 
.30.8 



34.0 
33.4 
30.9 



6.8131. 
6.3|l6, 
4.9116, 
5.1111. 
6.4 28. 



.8! 6.7 10 

.81 7.8 

2.41 7.1 

23.6130.9 

4.5130.9 

1.2 

.8 



Ml 

.51 

1.11 



13 
16 
11 

4.6| 4 
7.0122 
5.7115 
3.9111 
3.41 



1.11 8.1.14 



31,0 
32.0 
33.4 
34.0 
32.6 
33.5 
33.8 
31.3 
.34.1 

26.5 

27.7 
27.4 
27.1 
29.7 
29.4 
8.5 
9|33.6|99.5 
5 23.7130.0 
3|23. 7131.0 
6128.1130.1 
1J29.8 29.7 

4110.2122.3 
21 9.4123.9 
0122,5124.7 
3131.9130.6 
1116.8125.9 
7135.1132.6 
9112,6121.3 
4111.3128 6 
5I27.01?5,3 
5 1 32. 3 1 20. 3 
6124.5122.8 



a. Including Mongolians and Indians. 



6. Less cost of raw material. 



471 



UNITED STATES STATISTICS. 



TABLE III. 
School ages in the several States — State school censuses. 



State or Territory 






® § S 



< 03 



School Census 



^ (3 






"Jj 0) 



Number of per- 
sona enumerated 



Total 



North Atlantic Division : 
Maine 

New Hampsliire (1902). 

Vermont 

Massachusetts 

Rhode Island 

Connecticut 

New York 

New Jersey 

Pennsylvana (1902) ... 
South Atlantic Division : 

Delaware (1893) 

Maryland (1902) 

Dlst. of Columbia (1902) 

Virginia 

West Virginia 

North Carolina (1902).. 

South Carolina 

Georgia 

Florida (1902) 

South Central Division : 

Kentucky 

Tennessee 

Alabama (1902) 

Mississippi 

Louisiana 

Texas 

Arkansas 

Oklahoma 

Indian Territory (1903)^ 
North Central Division : 

Ohio 

Indiana 

Illinois 

Michigan 

Wisconsin 

Minnesota 

Iowa 

Missouri 

North Dakota 

bouth Dakota 

Nebraska 

Kansas (1902) 

Western Division : 

Montana 

Wyoming (1900) 

Colorado 

New Mexico 

Arizona 

Utah 

Nevada 

Idaho 

Washington 

Oregon 

California 



5-21 
5- 



5-21 
^5-20 
6-21 

6-21 
6-21 
6-17 
5-21 
6-21 
6-21 
6-21 
6-18 
6-21 

6-20 
6-21 
7-21 
5-21 
6-18 
7-17 
6-21 
6-21 



6-21 
6-21 
6-21 
5-20 
4-20 
6-21 
5-21 
6-20 
6-20 
6-21 
5-21 
5-21 

6-21 
6-21 
6-21 
5-21 
6-21 
6-18 
6-18 
5-21 
6-21 
6-21 
6-21 



7-lf 
8-14 
8-14 
7-14 
7-15 
7-16 
8-16 
7-14 
8-16 



'8-16 
8-14 



8-14 
7-14 
7-14 
7-16 
7-14 
S-16 
7-14 

6 

8-14 
8-14 
7-15 
38-15 

8-14 
7-16 
8-14 
7-14 
8-14 
8-14 
8-14 
8-14 
8-15 
8-14 
8-14 



L903 
1902 
1903 
1902 
1904 
1902 
1903 
s 

1902 
1893 



1900 
1903 
1902 

5 

1903 
1900 

1903 
1903 
1901 
1902 
1899 
1902 
1903 
1903 
1901 

1903 
1903 
1903 
1903 
1903 

1903 
1903 
1903 
1903 
1003 
1902 

1903 

6 

1903 

1903 

1903 

1903 

1903 

1903 

1903 

1903 I 

1903 I 



I 
4-21 I 
5-16 I 
5-18 
5-15 
87-15 
1-16 
5-18 



6-16 
6-21 



5-21 
6-21 
6-21 



6-18 
6-21 

6-20 
6-21 
7-21 
5-21 
6-18 
8-17 
6-21 
6-21 
5-21 

6-21 
6-21 
6-21 
5-20 
4-20 



5-21 
6-20 
6-20 
6-21 
5-21 
5-21 

6-21 

' 6-21 
5-21 
6-21 
6-18 
6-18 
5-21 
6-21 
4-20 
5-17 



35,821 

39,462 

249,714 

45,017 



15,827 



354,722 
165,505 
345,996 



353.608 
81,712 



304,255 
392,981 



314,545 
209,154 
386,941 
255,533 
97,743 
79,915 

638,898 
396,354 
810.249 
376,552 
384,376 



364,469 

496,065 

58,862 



35,530 

38,771 

248,552 

45,099 



17,758 



336,590 
154,224 
332,381 



349,525 
779,716 



291,332 
383,060 



313,850 
195,603 
372.417 
247,275 
93.235 
76,501 

604,893 
371.082 
790,796 
367,983 
374,250 



191.544 

257,298 



32,813 



357.001 

478,8'.38 
54,693 



185,324 
249,522 



90,064 I 
37.809 1 
13.379 
45,025 
4.673 
31,792 
92.710 
72,835 
198,240 



89 
34 
12 
44 
4 
31 
90, 
70, 
191, 



,122 
.141 
.672 
700 
478 
527 
5.82 
835 
901 



214,725 
71,351 
78,233 

495,266 
90,116 

209,006 
1,740,760 



1,004,728 
33.585 



691,312 
319,729 
678,377 



703,133 
161,428 

595,587 
776,041 
676,285 
628,395 
404,757 
759,358 
502,808 
190,978 
156,416 

1,243,791 

767,436 

1,601,045 

744.535 

758,626 

' 72 V, 470 
974,923 
113,-555 

"132,1.50 
376,868 
506,820 

64,623 



179.186 

71,950 

26.051 

89,725 

9,151 

63,319 

183.292 

143,757 

390,141 



1 The compulsory period here given is in 

many cases extended or shortened un- 
der certain circumstances. 

2 Not limited by law. 

3 Inclusive. 

* 4-20 in districts maintaining kindergar- 
tens. 



^ No state school census. 
^ No compulsory law. 

' Applies only to Baltimore city and Alle- 
ghany county. 
' Returns imperfect. 
" Unmarried. 



GUIDE FOR OHIO SCHOOL OFFICERS. 
TABLE IV. 



472 



Number of pupils enrolled in the common schools at different dates 
and the relation of the enrollment to the school population. 



State or Territory 



Number of diif erent pupils 


Per cent. 


of school 


of all ages enrolled during 


population (i. e. of 


the school year (excluding 


children 5 to 18 yrs 
of age) enrolled 


duplicate enrollment) 


1870-71 


1902-03 


1870-71 


1902-03 


2 


3 


4 


5 


1 7,561.582 


16,009,361 


61,45 


70.67 


2,743,344 


3,776,404 


77,95 


69.84 


603,619 


2,293,743 


30,51 


65.99 


767,839 


3.170,312 


34.17 


64.60 


3,300.660 


5, .860, 368 


76,87 


75,49 


146,120 


908,534 


54.77 
187.35 


82.46 


1152,600 


132,415 


81.20 


71,957 


2-367,250 


91,31 


2-373.76 


^65,384 


66,497 




81.89 


273,661 


485,483 


72.34 


73,53 


134,000 


69,824 


159.24 


65.36 


113.588 


159.935 


80.83 


72.99 


1,028.110 


1,256,874 


82,98 


68.66 


169.430 


.344,457 


63.20 


68.32 


834,614 


1,193,669 


76.35 


68.18 


20.058 


536,895- 


50.04 


S73.32 


115.683 


6224,004 


46.70 


«65.18 


15.157 


48,745 


41.60 


76.61 


131.088 


375,601 


32.34 


61.94 


76,999 


240,718 


49.47 


76.54 


1115,000 


3464,669 


131.23 


370. 60 


66,056 


288.713 


27.28 


59.73 


49.578 


502,014 


11.89 


64.33 


14,000 


ni2.384 


21.21 


364.16 


'178,457 


1501.482 




172.52 


1140,000 


492.776 


132.66 


73.50 


141,312 


3365.171 


40.36 


356.85 


117,000 


403,647 


40.60 


72.84 


57,639 


208,737 


24.78 


43.85 


63.504 


700,136 


21.00 


63.61 


69,927 


337,589 


40.29 


73.11 




136,159 




87.83 




24,615 




15.84 


719,372 


829,620 


84.04 


72.76 


450.057 


560,523 


78.64 


77.41 


672,787 


969,414 


81.01 


69.14 


292,466 


514,093 


79.66 


75.56 


265,285 


454,186 


73.92 


70.95 


113,983 


415,498 


75.92 


76.09 


341,938 


550.202 


84.44 


82.63 


330,070 


704.193 


56.03 


73.97 


11,160 


90 157 


1 139.26 


84.04 


'1,160 


3105.691 


139.26 


376.80 


23,265 


277.519 


58.79 


83.96 


89,777 


3389,272 


74.22 


389.16 


11,657 


44.881 


70.24 


72.63 


1450 


614.512 


145.34 


659.81 


4,357 


131.200 


42.28 


92.53 


11,320 


37.972 


14.42 


60.29 




20.008 
73.449 


0.00 

53.36 


57.94 




16.992 


76.32 


3.106 


7.362 


53.97 


84,65 


906 


48,181 


46.06 


91,69 


15,000 


149,753 


169.00 


101.77 


21.000 


92,390 


67.73 


80.33 


91.332 


288.776 


63.63 


80.97 



tJnited States 

North Atlantic Division . . 
South Atlantic Division . . 
South Central Division . . . 
North Central Division . . 

Western Division 

North Atlantic Division : 

Maine 

New Hampshire 

Vermont 

Massachusetts 

Rhode Island 

Connecticut '. . 

New York 

New Jerse.y 

Pennsylvania 

South Atlantic Division : 

Delaware 

Maryland 

District of Columbia . . 

Virginia 

West Virginia 

North Carolina 

South Carolina 

Georgia 

Florida 

South Central Division : 

Kentucliy .' 

Tennessee 

Alabama 

Mississippi 

Louisiana 

Texas 

Arkansas 

Oklahoma 

Indian Territor.v** 

North Central Division : 

Ohio 

Indiana 

Illinois 

Michigan 

AVisconsin 

Minnesota 

Iowa 

Missouri 

North Dakota 

South Dakota 

Nebrasija 

Kansas 

Western Division : 

Montana 

W.vomlng 

Colorado 

NewMexlco 

Arizona 

Utah 

Nevada 

Idaho 

Washington 

Oregon 

California 



1 Approximate. 

" Pupils who attended two weeks or more. 

3 In 1901-2. 



* Pupils of legal school age only. 

6 In 1900-01. 

" Highest number enrolled. 

" Returns imperfect. 



473 



UNITED STATES STATISTICS. 
TABLE V. 



The school enrollment of 1902-3, classified by sex. Percentage of 
the total population enrolled at different dates. 



State or Territory 


Number of different pupils of all 
ages enrolled 


Per cent, of the 

total population 

enrolled 


Boys 


Girls 


Total 


1870- 
1871 


1902- 
1903 


1 
United States 


2 
18,036,780 
11,896,132 
11,137,008 
12,958,314 
11,585,790 
1459,536 


3 

17,972,581 
11,880,272 
11,156,735 
12,902,054 
11,584,522 
1448,998 

' '2'333,i45 
32,838 


4 
16,009,361 
3,776,404 
2,293,743 
5,860,368 
3,170,312 
908,534 

132,415 

2-367,250 

66,497 

485,483 

69,824 

159,935 

1,256,874 

344,457 

1,193,669 

636,895 
'224,004 
48,745 
375,601 
240,718 
3464,669 
288,713 
502,014 
3112,384 

6501,482 
492,776 

3365,171 
403,647 
208,737 
700,136 
337,589 
136,159 
24,615 

829,620 
560,523 
969.414 
514,093 
454,186 
415,498 
550,202 
704,193 
90,157 

3105,691 
277,519 

3389,272 

44,881 

614.512 

131,200 

37,972 

20,008 

73,499 

7,362 

48,191 

149,753 

92,390 

288,776 


5 
19.14 
21.95 
10.05 
24.80 
11.56 
13.99 

24.25 
22.41 
*19.77 
18.31 
15.11 
20.83 
23.18 
18.26 
23.24 

15.79 
14.55 
11.23 
10.47 
16.85 
10.45 
9.05 
4.08 
7.19 

13.21 
10.90 
13.85 
13.70 
7.73 
7.26 
13.72 

26.. 50 
26.34 
25.99 
23,98 
24.60 
24.47 
28.19 
18.74 
9.34 
9.34 
16.61 
22.28 

7.54 

4.55 

9,33 

1.40 

0.00 

18.61 

7.04 

5.59 

18.62 

21.63 

15.61 


6 
20.04 


North "Atlantic Division 

South Atlantic Division 

North Central Division 

South Central Division 


17.06 
20.98 
21.32 
21.22 
20.67 


North Atlantic Division : 


18.84 




2'3,34,105 
33,659 


2-315.93 




19.16 


Massachusetts 

Rhode Island . . 


16.32 


34,833 


34,991 


15.36 
16.72 




=633,171 
172,621 
597,180 


5623,703 
171,836 
596,489 


616.41 




17.08 




18.07 


South Atlantic Division : 


619.43 








'18.19 


District of Columbia 


23,082 
189,640 
124,381 
3-8234,212 
135,846 
245,608 
355,374 

6250,521 
248,930 


25,663 
185,961 
116,337 
3-8230,457 
152,867 
256,406 

57,010 

6250,961 
243,846 


16.62 
19.57 




23.57 




3-823.51 




20.67 




21.49 




319.82 


South Central Division: 


622.48 




23.52 




318.99 




199,404 
104.527 
348,233 
170,595 
68,618 


204,243 
104,210 
351,903 
166,994 
67,541 


24.77 




14.29 


Texas 


21.31 




24.71 




27.49 




5.40 


North Central Division : 

Ohio 


421,005 

282,621 
487,191 
258,188 


408,615 
277,902 
482,223 
255,905 


19.28 




21.44 




18.94 




20.48 




21.07 








22.37 








23.55 




353,687 

46,369 

354,428 

140,596 

3197,877 


350,506 

43,788 

351,263 

136,923 

3191,395 


21.82 




25.21 


South Dakota 


323.81 




25.27 




326.48 


Western Division : 


16.20 




67,359 
65,353 
20.936 
10,317 
36,704 
3,718 
22,888 
75,562 
47,107 
146.878 


67,153 

65,847 

17.036 

9,691 

36.795 

3,644 

25.293 

74,191 

45,283 

141.898 


614.29 




22.86 




18.45 




15.01 


Utah 


24.88 




18.03 




26.22 




25.75 




21.13 


California 


18.46 



1 Estimated in part. 

- Pupils Tvho attended two weeks or more. 

3 In 1901-02. 

* Pupil of legal school age. 



6 Approximate. 

6 In 1899-1900. 

' In 1900-01. 

8 Set of a few pupils in cities estimated. 

' Returns imperfect. 



GUIDE FOR OHIO SCHOOL OFFICERS. 
TABLE VI. 



474 



Per cent, of the school population (i. e.. children 5 to 18 years of 
age) enrolled in the public schools for a period of years. 



Yeax 






.2 Pi 



III 



^ cs o 



OQOQ 






fe.2 



1870-71. . 
1871-72. . 
1872-73. . 
1873-74. . 
1874-75. . 
1875-76. . 
1876-77. . 
1877-78. . 
1878-79. . 
1879-80. . 
1880-81. . 
1881-82.. 
1882-83. . 
1883-84. . 
1884-85. . 
1885-86.. 
1886-87. . 
1887-88. . 
1888-89. . 
1889-90. . 
1890-91 . . 
1891-92. . 
1892-93. . 
1893-94. . 
1894-95. . 
1895-96. . 
1896-97. . 
1897-98. . 
1898-99.. 
1899-1900 
1900-1901 
1901-02. . 
1902-3a. . 



61.45 
62.20 
62.36 
64.40 
65.54 
64.70 
63.92 
65.75 
04.64 
65.50 
65.03 
65.03 
66.. 39 
66.96 
67.96 
68.14 
67.98 
68.33 
68.20 
68.61 
69.40 
69.51 
69.70 
71.32 
71.54 
71.80 
72.36 
72.68 
71.96 
72.43 
71.67 
71.45 
70.67 



77.95 
77.33 
76.79 
77.77 
78.59 
78.55 
76.83 
77.09 
76.18 
75.17 
74.28 
74.56 
74.15 
72.83 
73.23 
72.63 
72.23 
71.60 
70.60 
70.45 
70.04 
69.78 
88.99 
70.45 
71.53 
71.57 
72.12 
! 71.78 
71.69 
70.86 
70.71 
70.31 
69.84 



77.77 


42.10 


78.59 


44.61 


78.55 


46.72 


76.83 


47.02 


77.09 


48.85 


76.18 


46.72 


75.17 


50.74 


74.28 


51.49 


74.56 


51.90 


74.15 


54.30 


72.83 


56.25 


73.23 


57.17 


72.63 


57.68 


72.23 


58.98 


71.60 


58.68 


70.60 


58.40 


70.45 


59.22 


70.04 


60.15 


09.78 


59.50 


68.99 


61.94 


70.45 


63.08 


71.53 


62.21 


71.57 


62.46 


72.12 


64.49 



30.51 
32.27 
35.86 
42.10 
44.61 
46.72 
47.02 
48.85 
46.72 
50.74 
51.49 
51.90 
54.30 
56.25 
57.17 
57.68 
58.98 
58.68 
58.40 
59.22 
60.15 
59.50 
61.94 
63.08 
62.21 
62.46 
64.49 
06.25 
64.93 
65.73 
66.65 
66.55 
65.99 



34.17 
37.94 
38.67 
40.82 
42.47 
37.36 
38.51 
43.50 
44.71 
46.43 
47.03 
47.02 
50.68 
53.59 
56.57 
56.82 
56.21 
58.67 
58.28 
60.14 
63.01 
63.72 
63.92 
66.00 
65.83 
66.75 
67.75 
67.36 
66.54 
67.28 
65.22 
65.12 
64.60 



76.87 
77.04 
75.97 

I 76.98 
77.54 
77.05 
75.60 
77.38 
75.28 
75.84 
74.59 
74.15 
75.13 
75.06 

1 75.46 
76.08 
75.77 
75.96 
76.63 
70.46 
76.25 
76.30 
76.23 
78.04 
78.17 
78.16 
78.06 

I 78.66 
77.75 

t 78.65 
77.36 

I 76.85 

I 75.49 



54.77 
54.43 
57.52 
61.04 
64.39 
66.37 
66.12 
66.26 
65.63 
64.96 
64.82 
65.93 
67.05 
68.01 
6S.5:; 
68.03 
67.97 
68.53 
69.39 
70.01 
75.49 
77.98 
77.16 
77.45 
79.32 
79.72 
78.27 
78.00 
77.8.5 
79.51 
80.69 
82.49 
82.46 



a. Subject to correction. 



475 



UNITED STATES STATISTICS. 



TABLE VII. 

The average daily attendance at various periods and its relation in 
1902-3 to the enrollment. 



State or Territory- 



Average number of pupils 

actually present at school 

each day 



1870-71 



1902-03 



I 111 

It- 0) o fig 



United States . 



1 



4,545,317 



North Atlantic Division. 
South Atlantic Division. 
South Central Division . . 
North Central Division . . 

Western Division 

North Atlantic Division : 

Maine 

New Hampshire 

Vermont 

Massachusetts 

Rhode Island 

Connecticut 

New York 

New Jersey 

Pennslyvania 

South Atlantic Division : 

Delaware 

Maryland 

District of Columbia . , 

Virginia 

West Virginia 

North Carolina 

South Carolina 

Georgia 

Florida 

South Central Division : 
, Kentucky 

Tennessee 

Alabama 

Mississippi 

Louisiana 

Texas 

Arkansas 

Oklahoma 

Indian Territory^ . . . . 
North Central Division : 

Ohio 

Indiana 

Illinois 

Michigan 

Wisconsin 

Minnesota 

Iowa 

Missouri 

North Dakota 

South Dakota 

Nebraska 

Kansas 

Western Division : 

Montana 

Wyoming 

Colorado 

New Mexico 

Arizona 

Utah 

Nevada 

Idaho 

Washington 

Oregon 

California 



1,627,208 
368,111 
5.35,632 

1,911,720 
102.646 



100,392 
48,150 

244,100 

201,750 
22.485 
62.683 

493,648 
86,812 

567,188 

212,700 
56,435 
10.261 
77,402 
51,336 

273,000 

244,700 
31,337 

210,900 

120,866 
289,000 
107,666 
290,000 
240,500 
241,000 
246,600 



432,452 

295,071 

341.686 

2193,000 

2132,000 

50,694 

211,562 

187,024 

21,040 

1,040 

214,300 

52,891 

21,100 

2250 

2,611 

1880 



12,819 

21,800 

600 

23,300 

215.000 

64,286 



11,05 4,502 
2,795,448 
1,444,014 
2,039,212 
4,133,601 
642,227 



97,424 
49,280 

48,696 
388,616 

50,757 
119,231 
928,335 
229,244 
883,865 

2'325,300 

■'135,515 

38,038 

224.769 

155,436 

1269.003 

209.389 

310,400 

176,164 

2309,836 
342,631 

1240,000 
233,175 
15.5,794 
444,669 
213,372 
84,905 
214,830 

614,305 
417,017 
755,208 
401,182 
282,086 
260,872 
358,438 
465,131 
56,639 
272.846 
176,680 
1273,197 

31,471 

2'39,650 

87,996 

26,065 

12,125 

57,045 

25.300 

34,384 

101,088 

64,219 

212,884 



69.16 



74.02 
62.95 
64.32 
70.53 
70.69 



73.57 
173.28 
73.23 
80.05 
72.69 
74.55 
73.86 
66.55 
74.05 

2'368.57 
*60.50 
78.03 
59.84 
64.57 
157.89 
72.52 
61.83 
167.77 

261.78 
69.53 

165.72 
57.77 
74.64 
63.51 
63.20 
62.36 

260.25 

74.05 
74.40 
77.90 
78,04 
62.11 
62.79 
65.15 
66.05 
62.82 

168.92 
63.66 

170. 18 

70.12 

2'366.50 
67.07 
68.64 
60.60 
77.61 
271.95 
71.36 
67.50 
69.51 
73.72 



1 1901-02. 

2 Approximately. 



3 1899-1900. 

* In 1900-01. 

" Returns imperfect. 



GUIDE FOR OfllO SCHOOL OFFICERS. 
TABLE VIII. 



476 



(1) Average length of school term at various periods; (2) aggre- 
gate number of days' schooling given to all pupils; (3) the same com- 
pared with the school population and the enrollment (columns 8 and 9). 



State or Territory 


Average number 

of days the 

schools were 

kept dviring the 

year (a) 


Aggregate num- 
ber of days' 
schooling given 
in 1902-03 


Average number of 
days' schooling 
given for every 
child 5 to 18 years of 
age in 1902-03 


age number 
ys attended 
ich pupil en- 
d in 1902-03 


• . 


1870-71 1902-03 


Avei 
of da 
by e! 
roUe 


1 
United States 


2 6 
132.1 147.2 


1,627,405,037 


8 
71.8 


9 
101.7 




152.0 178.5 

97.4 118.0 

91.6 105.6 

133.9 156.9 

119.2 146.3 


498,978,563 

1 170,377,602 

215,423,191 

648,680,902 

03.944,779 


92.3 1 139 1 


South Atlantic Division 


1 49.0 
43.9 
83.6 
85.3 


1 74.3 
68 


Nortli Central Division 


110.7 
103 4 






North Atlantic Division : 


98. 

70. 
115.6 
169. 
170. 
172.4 
176. 
178. 
127.2 

132. 
183. 
200. 
93.2 

76.8 
450. 

4100. 

59. 


143. 
2140.05 
155. 
186. 
190. 
188.83 
177. 
182. 
166.4 

3170.1 
=100. 

174. 

122. 

123. 

=86.9 
03. 

118. 

294. 

90. 

96. 

2102.5 

123. 

130. 

116. 

02. 

89. 
158.6 

165. 
2146. 
160. 
165. 
166. 
158.6 
160. 
144. 
150. 

2120. 

138. 
2125.75 

3107. 

3'4110. 

153.12 
88. 

128. 

151. 
2155.6 
2124.2 

116.2 


13,931,6.32 
6.901,664 

7.547.917 

72,282,576 

9.782.580 

22,514,390 

175.118,017 

43,824,651 

147,075,136 

3'44, 303, 5.30 

=25,747,850 

6,618,612 

27,421,818 

10,118,628 

223,366,983 

19,207,690 

36,627,200 

27,965,291 

427,8'-''5,240 
32,892,576 

224.600,000 
28,680,525 
20,253.220 
51.572,823 
19,630.224 
7,556.54.'> 
42,352,038 

101,360,325 

460,884.482 

120,833,317 

66,195,030 

50,969,057 

41,356,412 

57,350.080 

67,725,996 

8,495,8.50 

29.643.178 

29.512,652 

234.354,523 

43.367,397 

3'41,064,000 

13,473,948 

2,293,720 

1.552,000 

8,007,342 

4824.680 

44.270.493 

11.746.426 

9,877,189 

37,467,584 


85.4 
275.7 
93.0 
109.5 
91.6 
102.8 
95.7 
86.9 
84.0 

385.5 
=74.9 
104.0 
45.2 
60.8 
235.5 
39.7 
46.9 
245.5 

40.3 
49.1 
238.3 
51.8 
42.5 
46.9 
42.5 
48.7 
15.1 

88.9 

284.1 

86.2 

97.3 

79.6 

74.4 

86.1 

71.1 

79.2 

270.1 

89.3 

278.7 

354.5 
3'443.9 
95.0 
36.4 
44.9 
83.1 
294.8 
281.3 
79.8 
285.9 
105.1 1 


105 2 




2102 6 




113.5 




148 9 


Rhode Island 


140 1 




140 8 




139 3 




127 2 




123.2 


South Atlantic Division : 


3'4116.6 




=114.9 




135.8 




73.0 




79.4 




250.3 




66.5 




73.0 




270.9 


South Central Division : 


4110. 

477. 

66.5 

110. 

465. 

4140. 


455.6 




66.7 




267.4 




71.1 




97.0 




73.7 


Arkansas 


58.1 






405.6 


North Central Division : 

Ohio 


165. 

98.5 
146.7 
140. 
155. 
483. 
130. 

90. 
375. 
375. 

lie! 

489. 

4200. 

92. 

4111. 

0. 
152. 
142. 
445. 

80. 


122.2 




4108.6 




124.6 




128.8 




112.2 




99.5 




104.2 




96.2 




94.2 




291.2 




106.3 




288.3 


Western Division : 


475.0 




3'473.3 




102.7 




60.4 




77.6 


Utah 


108.9 




4112.0 




488.6 




78.4 




490. 2158. 


106.9 


California 


123. 


176. 


129.7 



1 Certain States report their school term in ^ In 1901-02. 
months ; these montlis have been re- 3 in 1899-1900. 
duced to days by multiplying by 20 in 4 Approximately, 
each case. = In 1900-01. 

8 Returns imperfect. 



477 



UNITED STATES STATISTICS. 



TABLE IX. 

Number and sex of teachers — Percentage of male teachers. 



State or Terrilory 



Whole number of different 
teachers employed 



Percentage 

of male 

Teachers 



Male 



Female 



Total 1870-71 1902-3 



United States 

North Atlantic Division . . . 
South Atlantic Division . . . 
South Central Division . . . . 
North Central Division... 

Western Division 

North Atlantic Division : 

Maine 

New Hampshire 

Vermont 

Massachusetts 

Rhode Island 

Connecticut 

Nevr York 

New Jersey 

Pennsylvania 

South Atlantic Division : 

Delaware 

Maryland 

District of Columbia . . . . 

Virginia 

West Virginia 

North Carolina 

South Carolina 

Georgia 

Florida 

South Central Division : 

Kentucky 

Tennessee 

Alabama 

Mississippi 

Louisiana 

Texas 

Arkansas 

Oklahoma 

Indian Territory^ 

North Central Division : 

Ohio 

Indiana 

Illinois 

Michigan 

Wisconsin 

Minnesota 

Iowa 

Missouri 

North Dakota 

South Dakota 

Nebraska 

Kansas 

Western Division : 

Montana 

Wyoming 

Colorado 

New Mexico 

Arizona 

Utah 

Nevada 

Idaho 

Washington 

Oregon 

California . . 



2 I a 

117.035 I 332,252 



4 
449,287 



41.0 



6 
26.0 



17,388 
18.778 
29.465 
45,673 
5,731 



'SOI 

^207 

356 

1.273 

171 

1400 

4,909 

1,028 

8,243 

3210 
*1,071 
173 
2.377 
3.S54 
23,976 
12,588 
3.G30 
2809 

14.513 
4,652 

=3,103 
3,02s 
1,339 
7,024 
4,198 
1,.342 
1266 

9.561 
6.700 
6 504 
2,795 
2,059 
1.769 
3.733 
5.447 
1.162 
=1,007 
1.490 
3.386 

216 
3.89 
744 
391 
115 
556 
28 
365 

1.069 
883 

1.275 



95,005 I 

32,685 I 

39,076 I 

144.087 I 

21,399 I 



112,393 
51,463 
68,541 

189,760 
27,130 



26.2 
63.8 
67.5 
43.2 

4-.. 11 



15,863 
-2.169 

2,651 
13,026 

1.865 
14,043 
34,916 

7,266 1 
23,206 

3621 
^3.905 
1,108 
6,667 
3,508 
24,755 
13.359 
6.712 
11,900 

15.936 
5,080 

23.200 
5.894 
3,479 
9,636 
3,276 
2,096 
1489 

17.090 

9,281 
20.596 
13.879 
11,492 
10.850 
25,554 
11.476 

3,682 
24,045 

7.819 
28,323 

1.052 

3481 

3.275 

402 

359 
1,106 

290 

969 
3,376 
3.031 
7.058 



6,664 
22,376 

3.007 
14,299 

2.036 

4,443 
39.825 



124.4 
15.0 
16.5 
12.7 
120.4 
122.1 
22.9 



26,651 
16,041 
27.100 
16.674 
13,551 
12,619 
29.287 
16.923 

4,844 
25.052 

9.309 
211,709 



1.268 I 160.3 
3570 I 128.6 



43.2 
60.5 
43.5 
26.3 
128.8 
33.7 
39.0 
65.3 
124.7 
124.7 
51.9 
47.2 



4,019 


48.8 


793 


191.7 


474 




1.662 


55.0 


318 


32.4 


1,334 


164.3 


4.445 


146.5 



3,914 I 151.7 
8,333 I 40.0 



15.5 
36.5 
43.0 
24.1 
21.1 



8,294 


1 32.5 


31,449 


42.8 


3831 


129.9 


*5.036 


45.0 


1,371 


8.2 


9,044 


64.5 


7.362 


79.0 


28,731 


173.2 


5.947 


62.4 


10..S42 


71.4 


22.799 


65.7 


10.499 


166.0 


9,732 


175.0- 


26,303 


66.8 


8,922 


160.8 


4.818 


.50.9 


16,650 


177.3 


7,474 


175.6 


3,428 




755 





112.0 
28. 7 
11.8 
8.9 
8.3 
19.0 
12.3 
I 12.4 
26.2 

325.3 
*21.3 
12.6 
26.3 
52.3 
245.5 
143.5 
35.1 
232.1 

143.2 
47.8 

249.2 
33.9 
27.8 
42.2 
56.2 
39.0 

135.2 

35.9 
42.1 
24.0 
16.8 
15.2 
14.0 
12.7 
32.2 
24.0 

219.9 
16.0 

228.9 

17.0 
315.6 
18.5 
49.3 
24.3 
33.5 
8.8 
27.4 
24.0 
22.6 
15.3 



1 Approximately. 

2 In 1901-02. 



3 1899-1900. 
i In 1900-01. 
5 Returns imperfect. 



GUIDE FOR OHIO SCHOOL OFEICERS. 
TABLE X. 



478 



Teachers' wages — Number of schoolhouses — Value of school prop- 
erty — Private school enrollment. 





Average month- 
ly salaries of 
Teachers 


X w rjy 




^A 
H S3 P, 


* Privat 


e Schools 


S 
?1 






p a) 

I'd 2 


State or Territory 


_© 
"d 

s 



fa 


U Q> 


1 
United Stats 


1 2 
2$49.98 


] a 

2$40.50 


\ 4 

256,789 


1 5 

$643,903,228 


1,204,700 


7 

17,214,061 


8 
7.00 


North Atlantic Division. 
South Atlantic Division. 
South Central Division. 
North Central Division. 
Western Division 


258.64 
230.84 
342.94 
53,96 

70.82 


239.50 
229.02 
234.79 
41.09 
59.35 


42,951 
38,686 
54,045 
106,636 
14,471 


267,074,473 
25,473,950 
31,384,806 

266,332,992 
53,637,007 


449,400 
103,200 
152,200 
447.200 
52,700 


4,225,804 
2,396,943 
3,322,512 
6,307,568 
961,234 


10.63 
431 
4.58 
7.09 
5.48 


North Atlantic Division : 


37.37 
3"'43.58 

47.16 
145.27 
119.06 
102.44 

' '44. '82 

6''36.60 

'o'9'4.48 
34.56 

' '2*6'. 72 1 
»25.96 

'339.68 

350.90 
41,00 

631.00 
33.54 
36.25 
56.00 

"36.17 
i'31.93 

45.00 
366.80 
65.83 
54.76 
81.93 
55.40 
45,99 
44.55 
45.46 
340.03 
52.03 
344.24 


27.60 
3'*29.11 
29.68 
54.61 
51.90 
45.26 

' "34.11 

^'334.08 

'i'"6'4'.31 
27.20 

"2'4'.28 
923.20 

'333.67 

339. 18 
33.70 

627.00 
29.46 
31.43 
42.30 

1532.75 
"26.20 

40.00 
348.00 
55.62 
38.72 
40.78 
38.87 
32.60 
42.00 
39.00 
333.52 
40.84 
336.55 


3,949 
31,847 

2.244 

B4,2S9 

544 

1,061 
11.. 863 

1.953 
14,661 

6550 
2,535 
143 
7,412 
6.327 
37,293 
5,008 
7,082 
32,336 

8,561 

7.274 

E'167,058 

7.249 

63.433 

311,326 

5.478 

3.090 

E'S576 

13,115 
9,375 

12.880 
8,201 
7,361 
7,771 

13,968 

10.551 
3,180 

34,380 
6,748 

39. 106 


4-.-698.390 
34,155,616 

2,884,136 
49,934,764 

5,758,485 
12,321,392 
99,668,241 
19.129,748 
68,523,701 

61,043.997 
54,790.000 
5,253,594 
3,907,064 
4,526.185 
1,629.803] 
81,000,000 
2.256,403 
1,066,904 

36.117.962 

4.052.801 
32.200.000 

2.190,000 
122,680,000 
39.288.557 

3.126.646 
31.618.850 

20109,900 

50,006.648 
24,840,870 
56,612,707 
23,634,768 
17,451,867 
20,195,785 
21.203.610 
23,339,117 
3,288,721 
33,643.384 
10.455.045 
311.660.470 


' '31 V. 543 
4,000 
92.525 
18,343 
29,548 
188,484 
647,453 
41,906 

115,660 
1215,500 

131.894 
1*26,198 

' 1327,285 
32,000 

17.480 

32,352 

■726.722 

7,500 

14,497 

8,339 

214,968 

34,288 

224,500 

3144.471 

50,788 

2329 808 

2*20,073 

49. .591 

53,405 

"131,888 


'378,793 

70,497 

578,008 

88.167 

189,483 

1,445,358 

6370,028 

1,235,575 

"'47,464 

391,100 

12220,709 

"361,556] 

' 15442,932 
3114,384 

518.962 
525.128 
6388,722 
411,147 
223.234 

'345,928 

'29,583 

863,908 

22561.231 

31.116 312 

564,881 

483.994 

2-<372,165 

599.793 

757.598 

1389,914 




New Hampshire 


314.65 
5.67 


Massachusetts 

Ehode Island 


16.01 
20.08 
15.59 


New York 

New Jersey 

Pennsylvania 

South Atlantic Division : 

Delaware 

Maryland (1900-01) . . 
District of Columbia.. 


13.04 

612.82 

3.39 

"io.'s's 

1=3.96 


West Virginia 

North Carolina | 

South Carolina 


120.86 
1*7.25 

liie.'ie 


Florida 

South Central Division : 


31.75 
3.37 




6.16 




66.87 




1.82 




6.49 


Texas 


'2.'41 






Indian Territory .... 
North Central Division : 


2116.79 
3.97 




220.80 


Illinois 


312.94 




8.99 




236.16 




215.39 




238.27 




7.05 


North Dakota 

South Dakota 

Nebraska 

Kansas 


I32.'l0 



* The reports of private schools are more or less 

incomplete, and the number of pupils as 
.given may be taken to represent the minimum 
number of private pupils in the states for- 
nishing this item. In forming the totals the 
states not reporting are estimated. 

1 Including buildings rented. 

2 Average for those states reporting salaries. 

3 In 1901-02. 

* High-school teachers' wages not included. 
B Number of schools. 

« In 1899-1900. 
T In 1889-90. 
3 Approximately. 
9 In 1897-98. 



10 Total cost of sites and buildings. 

11 In 1895-96. 

12 Estimated. 

13 In 1,893-94. 
11 In 1,891-92. 

15 In 1892-93. 

16 In 1896-97. 
" In 1898-99. 

13 Excluding the wages of teachers holding state 
certificates. 

19 Returns imperfect. 

20 "Public schools" property only. 

21 Includes some college students. 
23 In 1900-01. 

23 statistics incomplete. 
2* In 1894-95. 



479 



UNITED STATES STATISTICS. 
TABLE X.— Continued. 



State or Territory- 



Average month- 
ly salaries of 
Teachers 



28 

S m tD 
rt S ® 



rj O 

,S O 

t> o 

a !s 0) 



• Private Schools 






12 4^ -*^ 

ftfH a 

03. o 



no 



cu5 



Western Division : 

Montana 

Wyoming 

Colorado 

New Mexico . . 

Arizona 

Utah 

Nevada 

Idaho 

Washington . . . 

Oregon 

California .... 



76.89 
173.68 
69.63 
364.77 
80.33 
71.11 
108.691 
63.00' 
57.54 
51.30 
97.21 



52.04 
143.36 
53.04 
364.77 
67.53 
48.31 
63.64] 
53.001 
46.82 
40.021 
80.441 



734 
1524 
1,891 
''694 
464 
667| 

9851 
2,3651 
2,1591 
3,753| 



4,832,014 

1453,607 

7,868.118 

716,515 

758,129 

3,383,018 

3304,690 

1,577,398 

7,737,672 

3,894,083 

22,111,7631 



1,839 
2175 
2,018 
5,421 
1,403 
*2,814 
S'6343 



46,720 
11,428 

133,218 
43,393 
21,411 

579, .345 
37,295 



3.94 
21.53 

1.51 
12.49 

6.55 
=3.55 



5,981 

5,345 

i"f24,350 



155,7.341 3.84 

97,735 5.47 

3.302,680 3'sg_04 



1 1899-1900. 

2 1894-95, 
» 1901-02. 

* Number of schools. 
« In 1900-01. 



^ Reported by school census enumerators as at- 
tending private schools. 

'' Includes only children 5 to 17 (as reported by 
school census enumerators) who have attend- 
ed private, but not public, school during the 
yaar. 



GUIDE FOR OHIO SCHOOL OFFICERS. 
TABLE XI. 



480 



(1) Length of school term. (2) The aggregate number of days' 
schooling given compared with the school population. 





Average length of school term, 
in davs 


Average 
ing given 


number of days school- 
f or every child 5 to 18 
















yearf 


ot age 




Year 


2 

HP 


o 

h 

IS 


.2 
1 


1 

u 

pi > 

OS 


1 

1 




to 


1 
II 


k 

OS 


1 

SI 


1 

1 

SI 

o'B 


1^ a 

fe.2 


1870-71 


132.1 


152.0 


97.4 


91.6 


133.9 


119.2 


48.7 


70.2 


18.1 


21.8 


59.6 


45.9 


1871-72 


133.4 


151.9 


103.4 


97.7 


13G.1 


121.8 


49.5 


68.9 


20.3 


25.8 


59.8 


46.0 


1872-73 


129.1 


154.6 


97.4 


89.1 


129.6 


118.3 


47.8 


67.9 


21.7 


23.4 


56.8 


45.0 


1873-74 


128.8 


154.8 


95.6 


81. 1 


132.6 


119.0 


49.6 


70.4 


24.5 


21.9 


59.8 


46.1 


1874-75 


130.4 


158.7 


95.2 


81.0 


134.6 


132.5 


51.0 


72.9 


26.1 


23.5 


60.2 


5 1.6 


1875-76 


1.33.1 


158.0 


95.6 


82.5 


139.1 


130.3 


51.4 


73.7 


26.8 


20.1 


62.2 


54.4 


1876-77 


132.1 


157.2 


91.4 


80.3 


139.8 


130.1 


51.1 


73.6 


26.3 


19.8 


62.3 


54.3 


1877-78 


132.0 


157.6 


89.7 


86.7 


140.1 


129.9 


53.2 


75.6 


26.8 


24.3 


64.3 


54.5 


1878-79 


130.2 


160.1 


88.6 


81.9 


136.4 


132.0 


52.0 


75.0 


25.7 


25.9 


62.3 


56.7 


1879-80 


130.3 


159.2 


92.4 


79.2 


139.8 


129.2 


53.1 


74.5 


29.3 


24.2 


64.4 


.54.9 


1880-81 


130.1 


158.7 


92.4 


82.1 


138.8 


133.8 


52.0 


72.2 


28.5 


25.0 


62.7 


56.9 


1881-82 


131.2 


160.6 


95.9 


82.5 


137.1 


136.2 


52.9 


73.3 


30.6 


25.6 


63.2 


58.0 


1882-83 


129.8 


IGl.O 


95.9 


82.5 


137.1 


132.6 


53.8 


74.4 


32.0 


26.8 


63.9 


57.3 


1883-84 


129.1 


156.0 


95.6 


85.9 


138.6 


133.8 


55.5 


72.5 


32.7 


30.0 


67.7 


61.6 


1884-85 


130.7 


163.1 


93.4 


97.5 


139.1 


131. S 


56.8 


77.2 


33.7 


31.4 


67.3 


58.3 


1885-86 


130.4 


161.6 


93.4 


86.9 


140.4 


130.8 


57.3 


76.7 


33.7 


32.0 


68.7 


59.6 


1886-87 


131.3 


165.9 


95.3 


87.5 


139.5 


131.6 


57.7 


77.8 


34.8 


32.1 


68.7 


59.1 


1887-88 


132-3 


164.4 


95.7 


87.6 


144.0 


1.30.7 


58.7 


76.8 


35.5 


33.6 


71.3 


57.3 


1888-89 


133.7 


164.1 


95.0 


88.9 


147.5 


135.7 


58.9 


76.7 


35.4 


34.0 


71.6 


61.7 


1889-90 


1.34.7 


166.6 


99.9 


88.2 


148.0 


135.0 


59.2 


76.8 


37.3 


33.9 


71.9 


61.2 


1890-91 


135-7 


168.1 


103.8 


92.0 


145.8 


136.9 


60.7 


|78,1 


38.1 


35.8 


73.2 


65.0 


1891-92 


136.9 


169.1 


105.3 


94.1 


146.8 


1.39.1 


61.5 


78.3 


3S.2 


37.7 


73.6 


71.1 


1892-93 


136.3 


169.6 


103.4 


93.0 


146.6 


138.8 


62.3 


78.7 


39.2 


37.5 


75.1 


70.8 


1893-94 


139.5 


172.3 


108.3 


97.5 


150.2 


137.1 


65.9 


82.2 


42.4 


41.3 


79.1 


72.4 


1894-95 


139.5 


172.8 


106.5 


92.8 


150.8 


142.4 


66.9 


84.8 


42.0 


39.0 


81.0 


77.6 


1895-96 


140.5 


175.5 


107.8 


92.2 


151.9 


142.0 


68.1 


86.8 


42.1 


39.8 


82.3 


78.7 


1896-97 


142.0 


173.3 


110.9 


96.3 


152.8 


148.6 


69.7 


88.9 


43.0 


42,3 


83.1 


82.5 


1897-98 


143.0 


174.3 


113.8 


97.4 


152.8 


151.7 


71.2 


90.4 


46.9 


42.5 


84.8 


82.1 


1898-99.... 


143.0 


174.0 


112.3 


98.4 


154.5 


141.6 


70.0 


90.0 


43.6 


43.3 


83.3 


76.3 


1899-1900.. 


144.3 


177.5 


112.1 


99.8 


]55.9 


141.5 


71.8 


91.0 


45.4 


44.8 


85.7 


76.7 


1900-01 


143.7 


177.1 


113.2 


98.2 


155.6 


140.3 


70.3 


90.4 


47.7 


42.1 


83.0 


77.0 


1901-02 


144.7 


177.4 


115.0 


101.2 


155.1 


144.3 


71.9 


91.7 


48.5 


43.8 


84.7 


82.4 


]902-0?,a. . . 


147.2 


178.5 


118.0 


105.6 


156.9 


146.3 


71.8 


92.3 


49.0 


43.9 


83.6 


85.3 



a Subject to correction. 



481 



UNITED STATES STATISTICS. 



TABLE XIV 
'rogress of school expenditure. 



State or Territory 



Average amount expended for 
Schools 



Expended per 

capita of total 

population 



1870-71 



1902-03 



1870-71 



1902-03 



United States 

North Atlantic Division . 
South Atlantic • Division . 
South Central Division . 
North Central Division. 

Western Division 

North Atlantic Division : 

Maine 

New Hampshire 

Vermont 

Massachusetts 

Rhode Island 

Connecticut 

New York 

New Jersey 

Pennsylvania 

South Atlantic Division : 

Delaware 

Maryland 

District of Columbia . . 

Virginia 

West Virginia 

North Carolina 

South Carolina 

Georgia 

Florida 

South Central Division : 

Kentucky 

Tennessee 

Alabama 

Mississippi 

Louisiana 

Texas 

Arkansas 

Oklahoma 

Indian Territory 

North Central Division : 

Ohio 

Indiana 

Illinois 

Michigan 

Wisconsin 

Minnesota 

Iowa 

Missouri 

North Dakota 

South Dakota 

Nebraska 

Kansas 

Wesetrn Division : 

Montana 

Wyoming 

Colorado 

New Mexico 

Arizona 

Utah 

Nevada 

Idaho 

Washington 

Orf>gon 

California 



* In 1901-02. 

* Approximately 



3,107,612 



6 
$251,457,625 



29,796.835 
3,781,581 
4,854,83-i 

28,430,033 
2,244,329 



950,662 

418,545 

499.961 

5,579,363 

461,160 

1,496,981 

9,607,904 

2,302,341 

8,479,918 

153,509 
1,214,729 
373,535 
587,472 
577,719 
177.498 
275,688 
292.000 
129,431 

=1,075,000 
-758,000 
=370,000 
950,000 
531,834 
=650,000 
=520,000 



6,831,035 

=2.,S97.537 

6,656,542 

2,840,740 

1,932,539 

960.558 

3.269.190 

1,749,049 

=23,000 

=23,000 

365,520 

904.323 

=35.600 

=7,000 

67,395 

=4.900 



=117,000 

=85.000 

19.003 

=35.000 

=160.000 

1,713.431 



98,362,976 
14,686,717 
18,193,734 
99,115,625 
21,098,573 



1,952,083 
n, 167,464 

1,093,238 
15,170,070 

1,856,376 

3,526,615 
41,418,095 

7,824,147 
24,354,888 

3453,670 
*2, 549.497 
1,540.279 
2,137,365 
2,403,555 
1,523,041 



7 
$1.75 



2.38 
.63 

.73 
2.14 
2.15 



1.51 
1.51 
1.51 
3.73 
2.05 
2.74 
2.17 
2.48 
2.36 

1.21 
1.53 
2.77 

.47 
1.26 

16 



3 In 1899-1900. 

^ In 1900-01. 

'' Returns imperfect. 



11 
$3.15 



4.44 
1.34 
1.22 
3.61 
4.80 



2.78 
12.77 
3.15 
5.10 
4.08 
3.69 
5.41 
3.S8 
3.69 

32.39 
*2.07 
5.25 
1.11 
2.35 



1,046,144 


.38 


.75 


2,240.247 


.24 


.96 


1792,919 


.66 


11.40 


=2,662,863 


2.80 


=1.19 


2,159,444 


2.59 


1.03 


11,057,906 


2.36 


1.55 


1,868,544 


1.11 


1.15 


1,551,232 


.71 


1.06 


5,682.123 


2.74 


1.73 


1,550,697 


=1.02 


1.14 


1,179.409 




2.38 


481,516 




1.06 


15.691,039 


2.52 


3.65 


19.216,082 


=1.70 


13.53 


20,266.618 


2.57 


3.96 


8,777.252 


2.33 


3.50 


7.009,159 


1.70 


3.25 


6,774,336 


2.06 


3.65 


9,834.319 


2.70 


4.21 


8,363.128 


.99 


2.59 


2.140.565 


=1.29 


5.99 


11.847.813 


=1.29 


14.16 


4,390.751 


2.61 


4.00 


14.804.563 


2.24 


3.27 


1.236.253 


=1.62 


4.46 


S253.551 


2.71 


32.50 


13,100.855 


1.44 


15.40 


300.531 


2.05 


1.46 


307,972 




2.98 


1.496,056 


21.28 


5.06 


1209.484 


=1.93 


15.13 


826.598 


1.17 


4.50 


3.580.742 


=1.30 


6.16 


1.526,366 


=1.65 


3.49 


8.170.165 


2.93 


5.22 



GUIDE FOR OHIO SCHOOL OFFICERS. 



482 



TABLE XV. 
The school expenditure of 1902-3 classified. 



State or Territory 



■^ f^ fe; A 

to— » 
Oj,^ fl Sh p. 



03 fi-r 



tH4^ en 0^ 



03 S fl-^ 
'S^ o g 3 



M M H ^2 

-- .' « 9 



p;=M 



1 

United States 

North Atlantic Division 

South Atlantic Division 

South Central Division 

North Central Division 

Western Division 

North Atlantic Division : 

Maine 

New Hampshire (1901-02). 

Vermont 

Massachusetts 

Rhode Island 

Connecticut 

New York 

New Jersey 

Pennsylvania 

South Atlantic Division : 

Delaware (1899-1900) 

Maryland ( 1900-01 ) 

District of Columbia 

Virginia 

West Virginia 

North Carolina 

South Carolina 

Georgia 

Florida (1901-02) , 

South Central Division : 

Kentucky^ 

Tennessee 

Alabama (1901-02) 

Mississippi 

Louisiana 

Texas 

Arkansas 

Oklahoma 

Indian Territory^ 

North Central Division : 

Ohio 

Indiana (1901-02) 

Illinois 

Michigan 

Wisconsin 

Minnesota 

Iowa 

Missouri 

North Dakota 

South Dakota (1901-02) . . . 

Nebraska 

Kansas (1901-02) |.. 

Western Division : 

Montana 

Wyoming (1899-1900) 

Colorado (1901-02) 

New Mexico 

Arizona 

Utah 

Nevada (1901-02) 

Idaho 

Washington 

Oregon 

California 



I $46.289.074 | $157,110,108 



$48,058,443 



f;251, 457,025 



22,616,944 
1,064,912 
1,687,501 

16,.S69,682 
3,950,035 



399,051 

143,644 

191,547 

2,813,531 

416,280 

563,823 

11,264,956 

1,625,242 

5,198,870 

79,306 
127,546 
329,355 
206,313 
377,007 
140,496 

70,458 
234,969 

99,462 

295.655 
214.000 

3 

54.007 

99,625 

634,266 

137,022 

*252,926 



1,679,322 

986,652 

4,351,247 

1,480,642 

1,333.512 

1,748,160 

1,225,905 

1,713,369 

352,399 

218,937 

758,075 

521,462 

367,131 
27,597 

400,626 
42,192 
64,248 

344,795 
13,665 

7 

1,419,814 

227,071 
1,042,896 



56,355,620 
10,926,372 
14,759,630 

62,014,S0C, I 
13,053,680 I 



19,390,412 
2,095,433 
1,746,603 

20,731,137 
4,094,858 



1,290,079 

740,289 

704,703 

9,197,905 

1,109,775 

2,214,362 

23,971,167 

4,574,849 

12,552,491 

279.556 
2,044,144 

954,888 
1,676,777 
1.472,056 
1,015,459 

917,987 
1,963,397 

602,108 

2,219,178 

1,772,177 

948,984 

1,573,416 

1.255,352 

4,742,561 

1,-327,104 

704,126 

216,732 

10,047,059 
5,739,150 

12.309,585 
5,308,373 
4,340,804 
4,379,137 
6,242,926 
5,273,500 
1,011,560 
1,129,439 
2,922,178 
3,311,005 

651,738 

180,386 

1,883,163 

214,251 

234.682 

736,955 

168,531 

454,131 

1,815,233 

1.049.180 

5.665,430 



262,953 
1283,531 

196,988 
3,158,634 

330,321 

748,4.30 
6,181,972 
1.624,056 
6,603,527 

94,808 

377,807 

256,036 

254,275 

554,492 

367,086 

57,699 

41,881 

91,349 

148,030 
173,267 
108,922 
241,121 
196,255 
305,296 
86,571 
*222,357 
264,784 

3.964,658 

2,490,280 

3,605,786 

1,988,237 

1.334,843 

647,039 

2,365,488 

1,376,169 

776,606 

499,437 

710,498 

972,096 

217,384 
45,568 

817,066 
44,088 
99,042 

414, .306 

27.288 

S372.467 

345,695 

250.115 
1.461,8.39 



98,362,976 
14,686,717 
18,193,734 
99,115,625 
21,098,573 



1,952,083 
1,167,464 
1,093,238 

15,170,070 
1,856.376 
3.526,015 

41,418,095 
7.824,147 

24,354,888 

453,670 
2,549,497 
1,540,279 
2,137,365 
2,403,555 
1,523,041 
1,046,144 
2,240,247 

792,919 

2,662,863 
2.159,444 
1,057,906 
1,868.544 
1,551,232 
5,682,123 
1,550,697 
1,179,409 
481,516 

15,691,039 

9,216,082 
20,266,618 
8,777,252 
7,009,159 
6,774,336 
9,834,319 
8,363,128 
2,140,565 
1,847,813 
4,390,751 
4,804,563 

1,236,253 

253,551 

3,100,855 

300,531 

397,972 

1,496,051 

209,484 

826,598 

3,580,742 

1,526,366 

8,170,165 



1 Includes debt paid. 

2 Approximately. 

s Included, so far as reported, in expendi- 
ture "for all other purposes." 
« In 1901-02. 



5 Returns imperfect. 
<"' Not reported .separately. 
' Included in volume 4. 

s Includes expenditures for sites, build- 
ings, etc. 



483 



UNITED STATES STATISTICS. 
TABLE XVI. 



(1) Expenditure per pupil (based on average attendance); (2) av- 
erage daily expenditure per pupil; (3) percentage analysis of school 
expenditure. 



State or Territory 



Expenditure per capita of 
average attendance 
















0) 


« 


u 


CD 

o 
a 








o 


'^ 


S 


N 


O ft 



Average 
daily es 
penditure 
per pupil 



Per cent, of 
total expendi- 
ture devoted 
to — 



QO.; 



O ft 

•aj ft 



United States 

North Atlantic Division 

South Atlantic Division 

South Central Division 

North Central Division 

Western Division 

North Atlantic Division : 

Maine 

New Hampshire (1901-02). 

Vermont 

Massachusetts 

Rhode Island 

Connecticut 

New York 

New Jersey 

Pennsylvania 

South Atlantic Division : 

Delaware (1S99-1900) 

Maryland 1900-01 ) 

District of Columbia 

Virginia 

West Virginia 

North Carolina 

South Carolina 

Georgia 

Florida (1901-02) 

South Central Division : 

Kentucky^ 

Tennessee 

Alabama (1901-02) 

Mississippi 

Louisiana 

Texas 

Arkansas 

Oklahoma 

Indian Territory ^ 

North Central Division : 

Ohio 

Indaina (1901-02) 

Illinois 

Michigan 

Wisconsin 

Minnesota 

Iowa 

Missouri 

North Dakota 

South Dakota (1901-02)... 

Nebraska 

Kansas (1901-02) 

Western Division : 

Montana 

Wyoming 1899-1900) 

Colorado (1901-02) 

New Mexico 

Arizona 

Utah 

Nevada (1901-02) 

Idaho 

Washington 

Oregon 

California 



$4.19 



3 
$14.21 



20.16 

7.57 

7.24 

15.00 

20.32 



4.10 
2.92 
3.93 
7.24 
8.20 
4.73 
12.14 
7.00 
5.SS 

23.13 
.94 

8.66 
.92 

2.42 

3.52 
..34 
.76 

1.31 

.95 



.23 

.64 

1.43 

.64 

S2.98 



2.73 
2.37 
5.76 
3.69 
4.73 
6.70 
3.42 
3. 68 
6.22 
3.01 
4.29 
1.91 

11.66 
=2.86 
4.55 
1.62 
5.30 
6.05 
=2.58 

7 

14.04 
3.54 

4.901 



13.24 
15.02 
14.47 
23.67 
21.86 
18.57 
25.82 
19.96 
14.20 

211.05 
15.08 
25.10 
7.46 
9.47 
33.78 
4.38 
6.33 
7.90 

7.16 
5.17 
3.96 
6.75 
8.06 
10.66 
6.22 
8.29 
=14.61 

16.36 
13.76 
16.30 
13.23 
15.39 
16.79 
17.42 
11.34 
17.86 
15.50 
16.54 
12.12 

20.71 
=18.69 
21.40 
8.22 
19.35 
12.92 
=31.80 
13.21 
17.96 
16.34 
26.61 



4 I 5 
$4.35| $22.75 



Cts. 
6 



6.94 
1.45 
.85 
5.02 
6.38 



2.70 
15.75 
4.05 
8.13 
6.51 
6.28 
6.66 
7.08 
7.47 

=3.75 
2.79 
6.73 
1.13 
3.57 
31.36 
.28 
.13 
1.20 

.48 

.51 

.45 

1.03 

1.26 

.69 

.41 

32.62 

=17.86 

6.45 
5.97 
4.78 
4.96 
4.73 
2.48 
6.60 
2.96 
13.71 
6.86 
4.02 
3.56 

6.91 

=4.72 
9.29 
1.69 
8.17 
7.26 

=5.15 
810.83 
3.42 
3.89 
6.871 



35.191 
10.17| 
8.921 
23. 9S 
32.851 



11.3 
6.4 
6.9 
9.6 

13.9 



20.04 
23.60 
22.45 
39.04 
36.57 
29.58 
44.62 
34.13 
27.55 

=17.93 

18.81 

40.49 

9.51 

15.46 

35.66 

5.00 

7.22 

10.41 

8.59 

6.30 

4.41 

S.Ol 

9.96 

12.78 

7.27 

13.89 

=32.47 

25, 54 
22.10 

26.84 
21.88 
24.85 



25.97 10.6 
27.441 10.9 



9.3 
10.7 

9.3 
12.7 
11.3 

9.8 
13.7 
10.4 

S.5 

=6.5 
7.9 

14.4 
6.1 

7.7 
34.3 
4.8 
5.4 
7.6 

8.0 
5.4 
3.9 
5.5 
6.2 
9.2 
6.8 
0.3 
=9.2 



=9.4 

10.2 

8.0 

8.5 



17.98 
37.79 
25.37 
24.85 
17.59 



7.8 

11.9 

11.7 

9.9 

9.6 



39.28 =19.4 
=26.271=17.0 
35.241 14.0 
11.531 9.3 
32.821 15.1 
26.231 9.2 
=39.531=20.4 
24.041=10.6 
35.421 15.5 
23.771 10.6 
38.381 15.1 



Cts. 

7 

15.5 



19.7 

8.6 

8.4 

15.3 

22.5 



8 
18.4 
23.0 
11.3 

9.3 
16.5 
18.7 



14.0 20.4 
16.91 12.3 



14.5 

21.0 
19.0 
15.7 
23.7 
17.9 
16.6 

210.5 
9.9 

23.3 
7.8 

12.6 

36.5 
5.4 
6.1 

10.0 

9.5 
6.6 
4.3 



11.0 

7.9 

15.6 

=20.5 

15.5 
=15.1 
16.8 
13.3 
13.8 
16.4 
17.1 
12.3 
25.2 
19.2 
14.9 
14.0 

=36.7 
=23.8 
23.0 
13.1 
25.6 
18.7 
=25.4 
=19.4 
30.51 
15.51 
21. 8| 



17.5 
18.6 
22.4 
16.0 
27.2 
20.8 
21.4 

17.5 
5.0 

21.4 
9.6 

15.7 
9.2 
6.7 

10.5 

12.6 

11.1 
9.9 

4 

2.9 
6.4 
11.1 

8.8 
321.4 



10.7 
10.7 
21.5 
16.9 
19.0 
25.8 
12.5 
20.5 
16.5 
11.9 
17.3 
10.9 

29.7 
10.9 
12.9 
14.0 
16.2 
23.0 

6.5 

7 

39.6 
14.9 
12.8 



62.5 
57.3 
74.4 
81.1 
62.6 
61.9 



10 
19.1 

19.7 
14.3 
9.6 
20.9 
19.4 



66.1 
63.4 
64.5 
60.6 
59.8 
62.8 
57.9 
58.4 
51.5 

61.6 

80.2 
62.0 
78.5 
61.2 
66.7 
87.8 
87.6 
75.9 

83.3 

82.1 

89.7 

84.2 

80.9 

83.5 

85.6 

59 

45.0 



13.5 
124.3 
18.0 
20.8 
17.8 
21.2 
14.9 
20.8 
27.1 

20.9 
14. S 
16.6 
11.9 
23.1 
24.1 
5.5 
1.9 
11.5 

5.6 

8.0 

10.3 

12.9 

12.7 

5.4 

5.6 

318.9 

55.0 



64.0 25.3 
62.3 27.0 



60.7 
60.5 
61.9 
64.6 



17.8 

22.6 

19.1 

9.6 



63.5] 24.0 
63.1 16.4 
47.21 36.3 
66.11 27.0 
66.51 16.2 
68.91 20.2 

I 
52.71 17.6 
71.11 18.0 
60.7 26.4 
17.3| 14.7 
58.9J 24.9 
49.31 27.7 
80.51 13.0 
54.9|S45.1 
50. 7| 9.7 
68.71 16.4 
69.31 17.9 



1 Includes debt paid. 
= Approximatelv. 
3 In 1901-02. 

* Included so far as reported in expendi- 
ture for "all other purposes." 



5 Returns imperfect. 

6 Not reported separately. 
' Included in column 4. 

s Includes expenditure for sites, buildings, 
etc. 



GUIDE FOR OHIO SCHOOL OFFICERS. 



484 



TABLE XVII. 
Amount expended for common schools eacli year since 1869-70. 





Expended for — 




Year 


Sites, build- 
ings, fur- 
niture, etc. 


Teachers' 
and super- 
intendents' 
salary 


All Other 
purposes 


Total 
Expen- 
diture 


1809-70 




$37,832,566 
42,580,853 
45,935.681 
47,932,050 
50,785,656 
54,722,250 
55,358.166 
54,973,776 
56,155,133 
54.639,731 
55,942,972 
58,012,463 
60,594,933 
64,798,859 
68,384,275 
72,878,993 
76,270,434 
78,639.964 
83,022,562 
87,568,306 
91,836,484 
96.303,069 
100,298,256 
104 560 339 




$63,396,666 
69 107 612 


1870-71 






1871-72 






74 234 4T6 


1872-73 






74 238 464 


1873-74 






80,054,286 
83 504,007 


1874-75 






1875-76 






83 082 578 


1876-77 






79 439 826 


1877-78 






79 083 260 


1878-79 






76 192 375 


1879-80 


. . . 




78,094,687 
83 642 964 


1880-81 






1881-82 






88 990 466 


1882-83. . 






96 750 003 


1883-84 






103 212 837 


1884-85 






110 328 375 


1885-86 






113,322,545 
115,783,890 


1886-87 






1887-88 






124,244,911 


1888-89 


$23,395,624 
26.207.041 
26,448.047 
29,344.559 
30,294.130 




132,539.783 


1889-90 


$22,463,190 
24,743,693 
26,174,197 
29,316.588 
33 992 750 


140,506,715 


1890-91 


147 494 809 


1891-92 


155,817,012 


1892-93 


164.171,057 


1893-94 


30,007.688 10020240.'! 


172,502,843 


1894-95 


29,436,940 
32,590,112 
32,376.476 
31,415.233 
31.229.308 


113,872,388 32 499.951 


175,809,279 


1895-96 


117,139.841 
119.310.503 
124,192.270 
129 345 873 


33.769.012 
35.995.290 
38.685,408 
39 579 416 


183,498,965 


1896-97 


187,682,269 


1897-98 


194,292,911 


1898-99 


200.154,597 


1899-1900 


35.450,820 137.687,746 I 41,826,052 
39,872,278 143.378,507 1 44.272.042 
39.962.863 151.443.681 1 46.855.755 


214,964,618 


1900-01 


227,522,827 


1901-02 


238,262,299 


1902-03a 


46,289,074 


157.110.108 


48,058,443 


251.457,625 



a Subject to correction. 



485 



GUIDE FOR OHIO SCPIOOL OFFICERS. 



TABLE XVIII. 

(1) School expenditure per capita of population; (2) same per 
capita of average attendance. 



Tear 



Expended per capita of Population 



Expended per Pupil 



m 


^« 




f^ 


^,-n 


o.S 


EHP 


^P 















EhD 









02P 



e3 
tgp 



:^ en 

!ziP 



^P 



1870-71. . . 
1870-71. . . 
1871-72. . . 
1872-73.. . 
1873-74. . . 
1874-75... 
1875-76... 
1876-77... 
1877-78.. . 
1878-79... 
1879-80. . . 
1880-81 . . . 
1881-82... 
1882-83... 
1883-84... 
1884-85.. . 
1885-86... 
1886-87... 
1887-88... 
1888-89... 
1889-90... 
1890-91 . . . 
1891-92. . . 
1892-93. .. 
1893-94 . . . 
1894-95... 
1895-96. . . 
1896-97. . . 
1897-98. . . 
1898-99. . . 
1899-1900. 
1900-01 . . . 
1901-02. . . 
1902-03a . . 



$1,75 
1,75 
1.83 
1,84 
1.88 
1.91 
1.85 
1.72 
1.67 
1.56 
1,56 
1.63 
1,70 
1,80 
1,88 
1,96 
1,97 
1.97 
2.07 
2.17 
2,42 
2,31 
2,40 
2. 48 
2.55 
2,55 
2,62 
2.63 
2,67 
2.70 
2.84 
2,94 
3,03 
3.15 



.>i;2,3S 
2,38 
2.40 
2.44 
2,51 
2,55 
2.45 
2,29 
2,15 
2,03 
1,97 
2,08 
2,11 
2.22 
2,25 
2.38 
2,36 
2,35 
2,48 
2.59 
2.76 
2.78 
2,90 
3,02 
3,13 
3,28 
3,49 
3,65 
3,75 
3,71 
3,99 
4,20 
4,22 
4,44 



$0,63 

$0.63 

.68 

.68 

.76 

.80 

.79 

.72 

.70 

.63 

.68 

.72 

.78 

.82 

.84 

.88 

.88 

.90 

.95 

.98 

.99 

• 1.06 

1,06 

1.09 

1,12 

1,11 

1,1 

1,1 

1.19 

1,24 

1,24 

1,28 

1.33 

1..34 



$0,73 

$0,73 

.81 

.74 

.68 

.73 

.55 

.51 

.56 

.55 

.55 

.58 

.64 

.68 

.74 

.82 

.87 

.87 

.87 

.94 

.97 

1.04 

1.07 

1,06 

1.09 

1,09 

1,10 

1,04 

1,03 

1,04 

1,08 

1,10 

1,16] 

1.22 



$2,141 
$2,14 
2,31 
2,31 
2.38 
2.36 
2.37 
2.21 
2,14 
2,00 
2,03 
2,09 
2,19 
2.34 
2. 48 
2,53 
2.54 
2,55 
2,68 
2,76 
2,81 
2,85 
2.94 
3.06 
3,23 
3.13 
3,12 
3.06 
3.07 
3,15 
3,27 
3,38 
3.52 
3,61 



$2,15 
$2,15 
2.2 
2,42 
2,40 
2,76 
2,78 
2.61 
2,73 
2.53 
2.41 
2.54 
2,59 
2,74 
2,8: 
2.90 
2,88| 
2,76 
2,96 
3,28 
3,37 
3.91 
4.201 
4.201 
3,771 
3.671 
3,73i 
3.561 
3.811 
3,841 
4.211 
4,251 
4,621 
4,801 



!15.20| 
>15,20 
15,93 
16,06 
15.85 
15,91 
15,70 
14.64 
13.67 
12,97 
12,71 
13,61 
14,05 
14,55 
14,63 
15.12 
15,06 
15,07 
15,71 
16.55 
17.23 
17,54 
18.20 
18.58 
18,62 
18.41 
18,76 
18,67 
18,76 
19,38 
20,21 
21,231 
21,53] 
22.751 



;i8,31 
il8,31 
18,86 
19,89 
19,89 
20.17 
19.14 
17.89 
16,55 
16,05 
15,64 
17,14 
17,35 
18,17 
18,37 
19,19 
19,11 
19.38 
20,60 
21,64 
23,58 
23,66 
24,89 
25,01 
26.21 
26.84 
28.45' 
28,771 
29,34 
29,28 
31.82 
33.70 
33,39 
35,19 



$10,27 
$10,27 
10,46 
9,25 
9,01 
8,98 
8,65 
7.68 
7.21 
6,76 
6,60 
7,22 
7,63 
7.46 
7.44 
7,32 
7,33 
7,33 
7,61 
7.77 
7,78 
8,52 
8,74 
8.65 
8.61 
8.58 
8.87 
9.32 
8,97 
9.96 
9,61 
9,53 
9,91 
10,17 



$9,06 


14,87 


$9,06 


$14,87 


9,08 


16.36 


8,39 


16.53 


7,55 


16.57 


7,51 


16.69 


6,70 


16,91 


6,25 


15,93 


5,98 


15,08 


5,65 


14,22 


5,40 


14,39 


5,72 


15.19 


6,25 


15.79 


6,17 


16.69 


6,26 


16.90 


6,74 


17.53 


6.93 


17,45 


6.88 


17.45 


6.60 


18.29 


7.12 


19.30 


7.28 


19,70 


7,78 


19,42 


7.82 


20.13 


7,72 


20.62 


7.58 


21,29 


7.69 


20.26 


7,60 


20,09 


7,09 


19.75 


7,09 


19,47 


7,17 


20,62 


7.32 


21.12 


7,78 


22.46 


8,16 


22.83 


8,92 


23.98 



21,87 
$21,87 
23.57 
25.04 
24.36 
26.85 
26.35 
24.69 
25.82 
23.39 
22,59 
23.81 
24,32 
25,39 
24.69 
26,31 
25,52 
24.85 
27.38 
29,37 
30.57 
33.42 
33.55 
33.57 
29,06 
27,32 
27.16 
25.86 
28.29 
28,50 
30.98 
30,93 
32.26 
32,85 



a Subject to Correction. 



GENERAL INDEX 



(For Index to Sections see Reference Index.) 
(For Index to Appendix see Appendix Index. ) 



A 

Section. 

Excuse for, 4022-1 225 

Habitual truant, punishment, 4022-4-7-10 228, 231, 234 

Abstract. 

Enumeration, failure to transmit to county auditor, action 

taken, 4036 250 

Auditor of county to transmit to state commissioner of 

common schools, 4039 253 

Statistics, transmitted by county auditor to state commis- 
sioner of common schools, 4060 280 

Aqademy. (See College.) 

General provisions as to, 3726-3771a 328-381 

Military, how constituted, 3757 362 

Board of visitors for, 3758, 3759 363, 364 

Report of to state commissioner of common schools, 363. . . 476 

Account. 

Clerk of school districts, how kept, 4055 275 

Common school fund, 3954, 3955 56, 57 

Educational institutions, accounts of oflBcers, 3769 378 

School funds, account of by auditor of state, 3954, 3955 56, 57 

Schools specially endowed, accounts of, 4105-71 386 

Treasurer of school funds, accounts of, 4055 275 

University of municipality, trust funds, 4101 396 

Accountant, 

Appointment of to investigate funds, 364 477 

Powers, duties and compensation, 365 478 

Account Books. 

Clerks and treasurers furnished by county auditor, 4055 ... 275 

Advertisement. (See Notice.) 

Building school houses, bids for, 3988 97 

Age. 

Youth of school age, 4013, 4030 201, 244 

Alcoholic Drinks (See Scientific Temperance Instruction.) 



GENERAL INDEX.' 488 

Alumni. (See Colleges.) 

Election of trustees and visitors, by, 3747, 3749 349, 351 

Appeal. 

County commissioners, wtien board of education fails to 

provide proper school facilities, 3969 70 

Probate court, excuse of child from school, to, 4022-1 225 

Special districts, creation of, 3928, 3929 43, 44 

Transfer of territory, 3895, 3896 10, 11 

Appendix. (See Appendix Index.) 

Appointment. (See Respective Titles of Boards, Officers, etc.) 

Apportionment. 

Salt lands, interest on proceeds of sale of, 3952 53 

State school funds, by auditor of state, 3956 58 

When county line divides original surveyed township, 

3957 59 

School funds, by county auditors, 3964, 3966 65, 67 

Annexation of territory to city or village, after, 3896.. 11 

Distribution of money after apportionment, 3965 66 

Township to newly created special district, 3929 44 

Special district, after abandonment, 3929 44 

Transfer of territory, after, how made, 3896 11 

Village, surrender of corporate powers, after, 3889.... 4 

Appropriation. 

Boards of education may 97 

Cleveland public library, for, 4002-18 149 

May employ counsel 97 

Private property, of, for school purposes, 3990 98 

Resolution for 97 

University of municipality, appropriation for, 4103 398 

Vote necessary for certain appropriations by board, 3982.. 89 

Art Association or College. 

Accounts, 3760 365 

Attorney general to enforce trusts of, 3771 380 

Bequests, etc., may accept, 3727 329 

Objects, articles of incorporation may be extended to 

others, 3768 375 

Trustees ineligible to office in, 3770 379 

Articles of Incorporation. 

Educational institutions, certain, 3762a 368 

Fine art, law, etc., association, what may provide, 3767 374 

Supplement for colleges, 3768 375 

Assessment. 

Colleges, etc., amount, how fixed, 3755, 3756 360, 361 

Meeting for, 3754 359 

Stockholders, against, 3753 358 

Assignment of Youth. 

Board of education may, 4013 201 

Astronomical Observatory. 

University of municipality may establish, 4104 399 

Tax levy for, 4104 399 



489 GENERAL INDEX. 

Attendance. (See Compulsory Attendance.) 

Section. 

Compulsory education, requirements, 4022-1 225 

Night schools, at, 4012, 4012a 199, 200 

One and one-half miles from school, privilege of pupils 

living, 4022c 224 

Non-residents, by agreement of boards of education, 4022.. 223 

Youth entitled to at school, free, 4013 201 

Attorney General. 

Educational institutions, duties as to, 3771 380 

Ohio State University board, legal advisor of, 4105-17 417 

Auditor. (See County Auditor.) 
Auditor of State. 

Apportionment of school funds, by, 3956 58 

Bequests to school funds, accounts of, 3955 57 

Ohio State University, duties as to, 4105-46, 4105-47 

4105-49, 4105-50 446, 447, 449, 450 

Virginia Military land, duties as to, 4105-48 448 



B 

Ballot. (See Election.) 

City districts divided into sub-districts, form of, 3970-10.. 76 

School elections, deposited in separate box, 3970-10 76 

Special districts, furnished by deputy supervisors, 3931.... 46 

Abandonment or continuance, form of, 3935 50 

Ballot Box. 

Separate, for school elections, 3970-10 76 

Special districts, in, 3931 46 

Bequests. 

Boards of education may accept, 3975 83 

Cleveland library board may accept, 4002-4 135 

College or university may hold in trust, 3727 329 

Common school fund, to, how applied, 3955 57 

Library boards in city and village districts, may accept, 

4002-44 .' 174 

Ohio State University, bequests to, 4105-15 415 

Toledo Library Board, may accept, 4002-31 161 

Bible. 

Reading in public school 92 

Bids, Bidders, Bidding. 

Bonds, bids for sale of may be received, 3992 100 

Depositories of school funds, competitive bidding for, 3968. 69 

School houses, construction of 3988 97 

Blanks. 

Board of education, report of, blanks for, 4058 278 

County auditor to distribute, 4058, 4060 278, 280 

Blank books, furnished by, 4055 275 

Form of prescribed by state commissioner, 359, 4070 472, 290 



GENERAL INDEX. 490 

Blanks — Concluded. 

Section. 

School youth, blanks for enumeration of, 4039 253 

Teachers' report of attendance under compulsory education 

law, 4022-6 ^ 230 

Truant officer, blanks for, 4022-5 229 

Blind. 

School, attendance of blind person compulsory, 4022-10 234 

Board of Education. (See School Districts.) 

Section. 
City School Districts, in 

Attached territory, duty in regard to, 3898 25 

Board of examiners in, to appoint, 4077 298 

Clerk, election of, 3897a 13 

Compensation of examiners, 4083 304 

Constituted how, boaj'd of education, 3897 12 

Deaf children, schools for authorized, 3901 27 

Director, election of authorized, 4017 206 

Meetings of, 3897a 13 

Members of, 3897 12 

Election of, qualifications, terms, 3897 12 

Organization of board, 3897a 13 

Physical training, instruction in, 4020-17 217 

President, election of, 3897a 13 

Redistricting of cities, 3897, 3900 12, 26 

Report, publication of, 4059 279 

Sub-districts, division into, 3897 12 

Superintendent, election, 4017a 207 

Teachers, appointment of, confirmed by, 4017a 207 

Teachers' institutes in, 4092 313 

May dismiss school to attend, 4091 312 

Clerk or. (See Clerk of Board of Education.) 

Special Districts. (See Special Districts.) 

Clerk, election of, 3933 48 

Constituted how, 3930 45 

Conveyance of pupils, may provide for, 3934 49 

Election of, 3930, 3931 45, 46 

First election, 3932 47 

Members of, 3930 45 

Term of office, 3930 45 

Organization of board, 3933 48 

President, election of, 3933 48 

Superintendent, election of, 4017a 207 

Teachers, election of, 4017a 207 

Township Districts. (See Township Districts.) 

Attached territory, duty as to, 3916 33 

Centralization of the schools by, 3922 37 

Election on question of, 3927-2 39 

Clerk, election, 3920 34 

Constituted how, 3915 32 

Election of, 3915 32 

Meetings of, 3920 34 

Members of, 3915 32 

Term of, 3915 32 

Organization of, 3920 34 



491 ' GENEExVL INDEX. 

Board of Education — Continued. Section. 

President, election of, 3920 34 

Sub-districts, recognition of, 3921 35 

Boundaries of, how changed, 3921 35 

Superintendent, election of, 4017a 207 

Teachers, election of, 4017a 207 

Village Districts. See Village Districts.) 

Attached territory, duty as to, 3910 30 

Clerk, election, 3911 31 

Constituted how, 3908 28 

Election of, 3908 "28 

In newly created village, 3909 29 

Members of, 3908 28 

Term of, 3908 28 

Organization of, 3911 31 

President, election of, 3911 31 

Superintendent, election of, 4017a 207 

Teachers, election, 4017a 207 

General Provisions. 

Absence of president and clerk, 3983 90 

Accommodation for all children, 4022-13 237 

Admission to schools of those not entitled by right to 

attend, 4013 201 

Appropriate private property, may, 3990 98 

Assignment of pupils to schools, 4013 201 

Attendance compulsory, 4022-1—4022-14 225-238 

Attestation of record of, 3984 91 

Bequests, acceptance and rules, 3975 83 

Boards of examiners, appointment of, 4077 298 

Compensation and expenses of, 4083 304 

Bond of treasurer, approval of, 4083 257 

Bonds issued by, for school house, 3991, 3992, 3993, 

3994 99, 100, 101, 102 

Cause of dismissal 209 

Centralization of township schools authorized, 3922, 

3927-2 37, 39 

Children's home, school at, authorized, 4010 197 

City solicitor, is legal adviser of, 3977 85 

Shall not be a member of the board, 3977 85 

Commercial departments, may establish, 4020-18 218 

Compensation, none except, 3974 82 

Contingent fund, what constitutes, 3967 68 

County commissioners to levy, when, 3969 70 

Estimate for, to be made by board, 3958 60 

Levy, certificate of to county auditor, 3960. ... 63 

Contract of, no member shall have interest in, 3974... 82 

Must be authorized by board, 3974 82 

What are valid, 3972 80 

With teachers, what constitutes, 4017 206 

Contract for building, repairing, etc., how let, 3988. ... 97 

Contract for teacher 209 

Contract may be withdrawn before accepted 209 

Contract with teacher 208 

Conveyances, how executed, 3971, 3974 79, 82 

Corporate powers of, 3971 79 

Deaf children, schools for in city districts, 3901 27 

Dismissal of teacher 209 



GENERAL INDEX. 492 

Board of Education — Continued, Section. 

Elections. (See elections.) 

Elementary schools, shall establish, 4007 185 

Employes of, term, 4017, 4017-0 206, 207 

Employment of teacher 208 

Entertainment in school houses, 3987-1 96 

Evening schools, 4012, 4012a 199^ 200 

Exchange of real property by, 3971 ' 79 

Exemption from taxes and execution, 3973 81 

Expulsion of pupils, vote necessary, 4014 202 

Female suffrage, 3970-12 78 

Fix teacher's compensation 208 

Flag, U. S., on school houses, 3986-1 94 

Forms relating to bonds 201, 214 

Funds in hands of treasurer, duty of board as to, 4043. . 257 

Free school books, 4026 239 

German language, teaching of, 4021 222 

High schools, board may establish, 4009, 4009-1, 4009-2, 

4009-15 192, 193, 194, 195 

Infirmary, school at, 4010 197 

Intoxicatng liquors, to cause instruction as to, 4020-23 — 

40-25 219, 221 

Kindergarten may be established, 4020-18 218 

Kind of corporation 79 

Liability for injury to property 79 

Liability of, for injury to persons 79 

Liability of member for injuries 79 

Library. (See Library.) 

Manual training department, may establish, 4020-18 . . . 218 

Meetings illegal, when, 3985 92 

Non-residents, admission of to schools, when, 4013, 

4022 201, 223 

Oath of members and officers, 3979 87 

Who may administer, 3979 87 

Order of dismissal 79 

Orphans' asylums, schools at, 4010 197 

Penalty on members for neglect of duty, 3969 70 

Process against, how served, 3976 84 

Property, title to, of boards, 3972 80 

Exempt from taxation and execution, 3973 81 

Prosecuting attorney, legal adviser of, 3977 85 

Qualification of teacher 208 

Quorum of, 3982 89 

Record of proceeding of, 3984 91 

Record of schools, kept by teachers and superintend- 
ents, 4059 279 

Relief of children, board authorized to afford, 4022-9. . . 233 

■Report by, made to county auditor, 4057 277 

Superintendents' and teachers' report to board, 

4059 279 

Resolutions requiring yea and nay vote, 3982 89 

Rules and regulations of, 3985 92 

Sale of property by, restrictions, 3971 79 

At private sale, when 3971 79 

At public auction, 3971 79 

Schools, control and management of, to have, 4007, 

4017 185,206 

Continued, must be, how long, 4007 185 

Employes, appointment, dismissal and salaries of, 

4017, 4017a 206, 207 



493 GENERAL INDEX. 

Board of Education — Continued. Section. 

Sufficient number must be provided, 4007 185 

School houses, grounds, etc., to provide, 3987 95 

Contracts for, bidding and letting, 3988 97 

Use of for purposes other than educational, 3987-1. 96 
Scientific temperance instruction, duties as to, 4020-23- 

4020-25 219. 221 

Service of process on, 3976 84 

State commissioner of common schools to confer with, 

357 470 

Superintendent, appointment of, 4017, 4017ffl 206, 207 

Surety of treasurer, additional may be required, 4043. . 257 

Suspension of director 208 

Suspension of pupils, 4014 202 

Taxation by (See Tax.) 

Tax levy by board for school house, 3991-3994 99, 102 

Maximum levy, 3959 62 

School property exempt from, 3973 81 

Teachers, employment and dismissal of, 4017, 4017a... 206, 207 

Certificate, must have, 4074 295 

Order for pay of, when illegal, 4051 271 

Pension fund, may provide, 3897&-3897Z 14-24 

Teachers' institutes, aid for, in cities, 4092 313 

Text-books, adoption of, 4020-12—40120-14 212-214 

Free school books, 4026 239 

Publishers' failure to furnish, action by board, 

4020-13 213 

Purchase and sale of by board, 4020-14 214 

Tie vote, decided by lot, 3970-10 76 

Title to what property, boards have, 3972 80 

To make necessary rules 208 

Transfer of territory, by, 3894, 3895 9, 10 

Treasurer of; (See Treasurer of Board of Education.) 

Truant officer, must employ, 4022-5 229 

Tuition, agreement between boards for payment of, 

4022 223 

"One and one-half mile" law, 4022a 224 

"Patterson Law," payment under, 4029-3 242 

Unlawful to receive a reward 208 

Unlawful to vote for certain relatives 208 

U S. Fag, display of, 3986-1 94 

Vacancies in, how filled, 3981 . ". 88 

Vaccination, may enforce rules, 3986 93 

Free, when, 3986 93 

Yea and nay vote, when repaired, 3982 89 

Board of Examiners. (See State Examiners, County Examin- 
ers, City Examiners.) 

Board of Health. 

Vaccination, 3986 93 

Board of Visitors. 

Alumni may appoint, 3747 349 

College of, 3742 344 

Compulsory education, duties as to, 4022-11 235 

Military academies, of, 3758, 3759 363, 364 

Religious bodies may appoint, 3742 344 

Schools especially endowed, of, 4105-72 387 



GENERAL INDEX. 494 

Bonds. Section. 

Board must determine matter 99 

Certificate as to vote 99 

Cleveland library bonds, 4002-11, 4002-12 !!l42, 143 

Clerk of board of education of, 4050 ' 270 

Clerk of city board of examiners, 4079 300 

Clerk of county board of examiners, 4076 297 

Compulsory education, parents must give, 4022-7 231 

Depository of school funds, required of, 3968 69 

Educational institutions may issue, 3734 336 

Forms of: 

Form of bond 100 

Form of notice of sale 100 

Form of resolution 100 

Form of resolution for exchange 100 

Issued for erection of school house 99 

Mandamus not proper remedy 100 

Mode of sale 100 

Notice for 99 

Notice of election for 99 

Notice of sale 100 

Ohio State University, treasurer of, 4105-14 414 

Payment of bonds 100 

Proceedings for refunding 100 

Refunding of 100 

Resolution for bond issue 99 

Resolutions of board 100 

Resolution to issue and sell bonds 100 

Sale of, 3992 100 

Money must go to funds for which bonds were issued, 

3993 101 

Par, must be sold at, 3992 100 

School house, bonds for 3991-3994 99, 102 

Schools specially endowed, trustees of, 4105-70 385 

Sinking fund bonds, 3970-1—3970-4 72, 75 

State commissioner of common schools, of, 355 468 

Security for cost, petition for special district, 3928 43 

Teachei's' institute committee, of, 4086 307 

Forfeiture of, 4089 310 

Toledo library building bonds, 4002-23, 4002-24 153, 154 

Treasurer of board, 4043 257 

Wilberforce University, treasurer of, 4105-62 462 

Books. (See Text Books. Libraries.) 

Blank books, furnished by county auditor, 4055 275 

School fund, examination of books, 364, 366 477, 479 



c 

Centralization. 

Advantages of 37 

Board of education may centralize schools, 3922 37 

Must centralize, when, 3927-2 39 

Control of district 37 

Decentralization 39 

Defined 36 

Election for 39 

Form of resolution 37 



495 GENERAL INDEX. 

Section. 

How accomplished 39 

Petition for, 3927-2 39 

Question submitted to vote 39 

Scope of act 37 

Special school district can not be included 39 

Transportation of pupils, 8922, 3934 37, 49 

Certificate. 

Branches of study enumerated, 4074 295 

City districts, examinations in. 4078 299 

Granting certificates in, 4081 302 

Revocation of certificates in, 4081 302 

County certificate, majority of board may grant, 4071 291 

Course of 294 

Examination fee, 4071 291 

Form of resolution 294 

Good moral character 294 

Hearing 294 

How revoked as such certificate 286 

Procedure to revoke 294 

Requirements necessary, 4073 294 

Revocation of, 4073 294 

Service of notice 294 

Special, granting of, 4074 295 

Teacher can not collect compensation unless has cer- 
tificate 295 

To whom granted 294 

Valid, where, 4073 294 

Scientific temperance, examination in required, 4020-24 .... 220 

State certificates, issue of, 4066 286 

Effect of, where valid, 4067 287 

Examination fee, 4068 288 

Certificate — Concluded. 

Revocation of. 4067 287 

Tax levy, certificate to county auditor of, 3960, 3963 63, 64 

Teachers must have, 4074 295 

Filed with clerk, copy must be, 4051 271 

Transfer of territory, certificate of to county auditor, 3895. 10 

Who may grant 286 

Who may revoke 286 

Charter. 

Educational institutions, amendment of, etc., 3762a 368 

Children's Home. 

Children at, can attend schools, when, 4013 201 

Schools at, 4010 197 

Christmas. 

Dismissal of schools on, 4015 203 

Cincinnati. 

Library, board of trustees, 3999 115 

Access to, by all residents of Hamilton county, 3999a.. 116 

Control of, by trustees, 3999& 117 

Fund heretofore raised, disposition of, 3999(Z 120 



GENERAL INDEX. 496 

Cincinnati— Concluded. Section. 

Library — Continued. 

Librarian and assistants, employment, 3999& 117 

Membership of board of trustees, 3999e 121 

Tax for library purposes, 3999c 118 

University of, 4095-4104 389, 399 

Cincinnati University. (See University of Cincinnati.) 
City Examiners. 

Appeal from, 4085 306 

Appointment, term, vacancies, 4077 298 

Compensation and expenses of, 4083 304 

Examinations, how conducted, 4078 - 299 

Expert, assistance of in difficult branches, 4078 299 

Fees, disposition of, 4083 304 

Granting of certificates,. 4081 302 

Revocation of, 4081 302 

Meetings of, 4080 301 

Membership, number, qualifications, 4077 298 

Organization of board, 4079 300 

Record, how kept, 4084 305 

Report of appointment, to state school commissioner, 4077. . 298 

Revocation of appointment, 4077 298 

Scientific temperance, examination, 4020-24 220 

City Districts. 

Advancement to, 3889 4 

Attached territory, assignment of, 3898 25 

Voting in, 3898 25 

Attendance in, compulsory, 4022-1 225 

Board of education, election of, 3897 12 

Membership, 3897 12 

Meetings, 3897a 13 

Organization, 3897a 13 

Term of members, 3897 12 

Board of examiners, 4077, 4084 298, 305 

City solicitor, legal adviser, 3977 85 

Classified 3885 1 

Clerk of board of education, 3897a, 4050, 4056.'. .'..... .13,' 270, 276 

Committees 13 

Deaf children, schools for, 3901 27 

Defined, 3886 2 

Director may be appointed, 4017 206 

Election held for members 12 

Libraries, cities of certain size may establish, 4002-39 — 

4002-45 169, 175 

Order of business 13 

Organization of 13 

City districts, second grade, fourth class, library in, 

4002-46, 4002-47 176, 177 

Managers of, in certain cities, 3999 115 

Redistricting of, 3897, 3900 12, 26 

Size of board of education 12 

Sub-districts, division into, 3897 12 

State school commissioner, by, when, 3897 12 

Superintendent, election of, 4017a 207 

Teachers, election of, 4017a 207 

Teachers' institutes, in, 4092 313 



497 GENERAL INDEX. 

City Districts — Concluded. Section. 

Treasurer can not be clerk 13 

Treasurer can not be president 13 

Treasurer of sctiool boards, 4042-4049, 4056 256-269, 276 

City Solicitor. 

Legal adviser of boards of education, 3977 -85 

Shall not be a member of the board, 3977 85 

Classification. 

Change of, by advancement, 3889 4 

City districts, 3886 2 

Legislature may classify 1 

School districts are not corporations within the meaning of 

the constitution 1 

Special districts, 3891 6 

Township districts, 3890 5 

Village districts 3888 3 

Clerk of Board of Education. 

Abandonment of special districts, duties of special and 

township clerks as to, 3935 50 

Absence of, at meetings, who acts, 3983 90 

Accounts of, how kept, 4055 275 

Blanks for reports under compulsory education law, must 

furnish, 4022-6 230 

Bond of, 4050 270 

Certiiicate of estimate for tax levy, to county auditor, 3960. 63 

Transfer of territory, of, when, 3894 9 

City districts, of, 3897o 13 

Compensation of, 4056 276 

Compulsory attendance, may excuse from, 4022-1 225 

Duties of 269 

Election of, 3897a, 3911, 3920, 3933 13, 31, 34, 48 

Enumeration return to county auditor, 4035 249 

Liable for damages for failure to make, 4036 250 

Penalty for failure, 4038 252 

Forms relating to 201-214 

Has no right to receive tuition funds 275 

Moneys received by, must be, 4047 267 

Must comply with the law 271 

Notice of election, 3970-11 77 

Oath of, 3979 87 

May administer to others, 3979 87 

Order on treasurer, must sign, 4047 267 

For teachers' pay, illegal, when, 4051 271 

Petition for transfer of territory, 3985 10 

Publication of receipts and expenditure, 4053 273 

Record of proceedings, kept by, 3984 91 

Reports required of, 358, 4052, 4057, 4058 471, 272, 277, 278 

Penalty for failure to make, 4061, 4062 280, 281 

School examiner, of appointment, 4077 298 

State school commissioner may require, 358 471 

Roll call, when required, 3982 89 

Special districts, of, 3933 48 

Successor, property turned over to, 4054 274 

Township commencement, clerk to hold, 4029-1 240 

Township districts, of, 3920 34 

Village districts, of, 3911 31 



GENERAL INDEX. 498 

Clerk of Boards of Examiners. Section. 

City Boards. 

Bond of, 4079 300 

Compensation of, 4083 304 

Election of, 4079 300 

Fees, disposition of, 4084 305 

Record, Ivept by, 4084 305 

Reports of, 4077, 4084 298, 305 

County Boards. 

Bond of, 4076 297 

Compensation of, 4070 290 

Election of, 4070 290 

Fees, disposition of, 4072 . 293 

Record to be kept, 4070 290 

Report by to county auditor, 4072 293 

To state school commissioner, 4070, 4076 290, 297 

Clerk of Township, (See Township Clerk.). 
Cleveland. 

Library. 

Access, who entitled to, 4002-10 141 

Bonds, issued by board, how, 4002-11, 4002-12 142, 143 

Building and grounds, how acquired, 4002-2, 4002-3. . .133, 134 

Contract, invalid, when, 4002-9 140 

Donations may be accepted, 4002-4 135 

Library board, election, membership, 4000 129 

Oath of members of, 4002-6 137 

Organization of, 4002-7 138 

Powers and duties of, 4001 130 

Report of, 4002-8 139 

Property exempt from taxation and execution, 4002-5.. 136 

School funds used for library, 4002-18 149 

Sinking fund, 4002-13—4002-17 144, 148 

Tax for library, how expended, 4002 131 

Title to property, management of, 4002-1 132 

Colleges and Universities, 

Cincinnati University. (See University of Cincinnati.) 
Incorporated Institutions. 

Accounts of, how kept, report, 3769 378 

Alumni may elect trustees, 3747 349 

Appoint visitors, 3747 349 

Election, conduct of, 3748, 3749 350, 351 

Attorney General, duties as to, 3771 380 

Board of trustees, election of, 37516 355 

Membership, increase in number, 3751a-3771a. . . .354, 381 

Inelligible, who are, 3770 379 

Quorum of, 3745 347 

Term of office, 3760 .365 

Vacancies, how filled, 3733 335 

Bonds, trustees may issue, 3734 336 

Charter, amendment of, 3762a, 37626 368, 369 

Directors and trustees of certain associations, 3767 . . . 374 

Endowment fund of, 3750 352 

Diverted, how, 3732 334 

Faculty of, its powers, 3728 336 

Laws, benefits of, how acquired, 3746, 3751 348, 353 

Location, change of, 3731,. 3761 333, 366 



•i99 GENERAL INDEX. 

Colleges and Universities — Concluded. Section. 

''ncoepoeated Institutions — Continued. 

Mechanics and agriculture, 3729 331 

Mechanics' institutes may borrow money, 3768-1 376 

Directors' liability, 3768-2 377 

Medical college, bodies for dissection, 3763, 3764 370, 371 

Name, change of, 3762a, 3762& 368, 369 

May be religious denomination, 3751b 355 

Organization of, 3726 328 

Patron, who may be, 3741 343 

Property, increase of, 3734 336 

Sale of, 3762 367 

May hold in trust, 3727 329 

Purposes, set forth, may be, when, 3751& 355 

Change of, 3762a, 3762& 368, 369 

May be added to, 3768 375 

Religious control of, 3736-3740, 3751c 338, 342, 356 

Religious body entitled to representation, 3744 . . . 346 

Representation to cease, when, 3743 345 

Statement of property to be filed, 3735 337 

Stock changed to scholarship, 3730 332 

Stockholders' liability, 3753, 3756 358, 361 

Visitors, appointment of, 3742 344 

Ohio University. (See Ohio University.) 

Ohio State University. (See Ohio State University.) 

Reports of, 363 476 

State commissioner of common schools, employment of, by, 

prohibited, 356 472 

Toledo University. (See Toledo University.) 

University or college of any municipality, 4095-4105 389-400 

Wilberforce University. (See Wilberforce University.) 

Commencements. 

County commencements under "Patterson Law," 4029-1 . . . 240 

Township commencements under "Patterson Law," 4029-1 240 

Expenses of, how paid, 4029-2 241 

Commercial Departments. 

Boards of education may maintain, 4020-18 218 

Commissioner. (See State Commissioner of Common Schools, 
County Commissioners.) 

Common Pleas Court. 

Judge of, duty as to report of examiner of funds, 366 479 

Schools specially endowed, appointment of trustees for, 

4105-67 382 

Common School Fund. (See Funds.) 

Compensation. 

Board of education, members of, shall not receive, 3974.. 82 

City boards of examiners, of, 4083 304 

Clerk of board of education, 4056 276 

County auditor, of, 4064 284 

County examiners, of, 4075 296 

Clerk of, 4070 290 

Under "Patterson Law," 4029-2 241 



GENERAL INDEX. 500 

Compensation — Concluded. Section. 

Enumerators, of, 4031 245 

Examiner of school funds, 365 478 

Library boards shall not receive, 3999, 4000, 4002-21, 4002-40 

115, 129, 151, 170 

Ohio State University, officers of, 4105-44 444 

Prosecuting Attorney, shall not receive, 3977 85 

Treasurer of board of education, 4056 276 

Complaint. 

Form 231 

Funds, fraudulent use of, in regard to, 364 477 

Compulsory Attendance. 

Age of youth affected, 4022-1, 4022-2 225, 226 

Attendance necessary, 4022-1 225 

Minors between 14 and 16, 4022-3 227 

Blind institution, in regard to, 4022-10 234 

Board of county visitors, duties, 4022-11 235 

Branches of study required, 4022-1 225 

Corporation, violation of by, penalty, 4022-11 235 

Costs of pi'oceedings paid by county, 4022-14 238 

Deaf and dumb institution, in regard to, 4022-10 234 

Employment of minors under 16, 4022-2 226 

Between 14 and 16, 4022-3 227 

Penalty for violation, 4022-3 227 

Excuse, how obtained, 4022-1 225 

Forms relating to 

Free school books, 4026 239 

Jurisdiction of courts, 4022-11 235 

Juvenile disorderly persons, defined, 4022-4 228 

Proceedings against, 4022-8 232 

Penalties for violations, 4022-11 235 

Repeated violations, 4022-12 236 

Relief to enable child to attend school, 4022-9 233 

Reports of public and private schools, 4022-6 230 

Seating accommodations necessary, 4022-13 237 

Tax levy authorized, 4022-13 237 

Truancy, proceedings in cases of, 4022-7 231 

Penalties, 4022-7 231 

Truant officer, appointment, powers, duties, 4022-5 229 

Constitution of Ohio. 

Oath to support, 3979 87 

School funds, preservation of. Art. 6, Sec. 1 51 

Provision of, by taxation. Art. 6, Sec. 2 51 

School laws, excepted from general rule. Art. 2, Sec. 26 ... . 

Construction. 

Laws of, decisions and opinions 473 

Contingent Fund. 

Apportionment of, 3967 68 

Board of education to provide, 3958 60 

County commissioners may levy, when, 3969 70 

Defined 60 

Tax levy for, certificate to county auditor, 3960 63 



501 GENERAL INDEX. 

Contract. Section. 

Board of education by, how made, 3974 82 

Members of, shall have no interest in, 3974 82 

Cleveland library board, when invalid, 4002-9 140 

County examiners may, for rent, etc., 4075 296 

Depository of school funds, for, 3968 69 

School houses, how let, 3988 97 

Conveyance. 

Board of education, authorized to make, 3971 71 

How made, 3974 82 

Pecuniary interest of member 81 

Pupils may be conveyed, when, 3922, 3934 37, 49 

Resolution for '. 81 

Corporations. (See Articles of Incorporation.) 

Boards of education are, 3971 79 

Educational institutions (See Colleges and Universities.) 

Ohio State University, 4105-10 410 

School attendance, violations by agents of, 4022-11 235 

Schools specially endowed, 4105-67 382 

Costs. 

Special districts, formation, 3928 43 

Security for, 3928 43 

Council. 

University of municipality, powers of as to, 4095-4105 389, 400 

Vaccination of pupils, duty as to, 3986 93 

County Auditor. 

Apportionment of school funds to all districts, 3964, 3966. 65, 67 

Blank books, to furnish to clerk of board of education, 4055 275 

School examiners, 4075 296 

Treasurer of school funds, 4055 275 

Blanks, distribution of to school districts, 4058 278 

Bonds of clerk and treasurer, copy to be filed with, 4043, 

4050 257, 270 

Clerk of board failing to report, auditor may appoint other 

person, 4062 282 

Compensation of auditor, 4064 284 

Contingent fund, levy for to-be certified to, 3960, 3963 63, 64 

Distribution of funds to school treasurers, 3965 66 

Enumeration, returns of to, 4035 249 

Auditor to take, when, 4036 250 

Return to, when county line divides original surveyed 

township, 4037 251 

Return by, to state commissioner, 4039 253 

Fines, collection of, for school purposes, duty as to, 3970.. 71 

Joint sub-districts, map of to be filed with, 3923 38 

Penalties for not making reports, 4061, 4063 281, 283 

Reports to, required, 4052, 4057, 4072 272, 277, 293 

Reports of, required, 358, 4039, 4044, 4057, 4060 

471, 253, 264, 277, 280 

School houses, duty as to tax levy for, 3993 101 

Special districts, to certify valuation of, 3928 43 

Tax levy, certified to, 3960 63 

Teachers' institute, funds for, duties as to, 4087 308 



JENERAL INDEX. 502 

County Auditor — Concluded. Section. 

Territory transferred, duties as to, 3894, 3895 9, 10 

Treasurer of school districts, settlement with, etc., 3964, 

3967, 4044, 4045, 4048 65, 68, 264, 265, 268 

County Board of Examiners. 

Appeal from, 4085 306 

Appointment of, 4069 289 

Branches of study required for teachers' certificates, 4074. . 295 

Certificates, granting of, 4073 294 

Grades of, 4074 295 

Renewal of, 4074 295 

Revocation of, 4073 294 

Clerk, duties of, 4070 290 

Compensation of, 4070 290 

Compensation of members, 4029-2, 4075 241, 296 

Examination fee, 4071 291 

Disposition of, 4072 293 

Expenses of board, how paid, 4075 296 

Ineligible, who are, 4069 289 

Majority of members necessary to take action, 4071 291 

Meetings of, 4071 291 

Membership, limited, how, 4069 289 

Notice of meeting, what necessary, 4071 291 

Organization of, 4070 290 

Patterson examinations, 4029-1 240 

Commencements, county, 4029-1 240 

Compensation of examiners, 4029-2 241 

Qualifications necessary, 4069 289 

Questions, how prepared, 4071a 292 

Record to be kept, 4070 290 

Removals from board, 4069 289 

Reports to be made, 4070, 4072 290, 293 

Revocation of certificates, 4073 294 

Scientific temperance, examination in, 4020-24 220 

Special certificates, granting of, 4074 295 

Teacher, qualifications necessary, 4074 295 

Term of members, 4069 289 

Uniform system of examinations, 4071a 292 

Vacancies, how filled, 4069 289 

County Commissioners. 

Board of education, commissioners may act as, when, 3969 70 

Children's home, schools at, duties as to, 4010 197 

Contingent fund, when to levy, 3969 70 

County auditor, compensation of, 4064 284 

When may take charge of school 70 

County Treasurer. 

Compensation of, 3960 63 

School funds, duties as to state funds, 3956 58 

When county line divides district, duties, 3963 64 

Tax, collection of, 3960 63 

Course of Study. 

Examination Questions, see Appendix. 

Defined, 4007-4 189 

Elementary schools, branches of study, 4007-1 186 

Course of study required in, 4007 185 



503 GENERAL INDEX. 

Course of Study — Concluded. Section. 

German taught, when, 4021 222 

High schools, branches of study, 4007-2 187 

Requirements, 4007-4 189 

Physical training in certain schools, 4020-17 217 

Physiology and hygiene, 4020-23 219 

Report of, required, 4007-6 191 

Scientific temperance, 4020-23 219 

Text-books, adoption of, 4020-14 214 



D 

Dayton. 

LiBBABY. 

Library board, powers of, 4002-32 162 

Election of, 4002-33 163 

Non-partisan, 4002-33 163 

Museum, may establish, 4002-38 168 

Organization of, 4002-37 167 

Powers and duties of, 4002-34 — 4002-37 164, 167 

Term of, 4002-33 163 

Librarian and assistants employment of, 4002-34 164 

Tax levy, for library, how made, 4002-35, 4002-36 165, 166 

Debt. (See Sinking Fund.) 
Deeds. 

Boards of education, deed by, 3971, 3974 72, 82 

Ohio University land, leasehold estate, converted into fee 

simple, 4105-2—4105-4 402, 404 

Unpatented land, deed of, made by trustees of Ohio state 

university, 4105-48 448 

Degrees. 

Educational institutions, power to confer, 3726 328 

University of municipality, may confer, 4102 397 

Depository. 

Boards of education may provide, 3968 69 

In districts having two or more banks, 3968 69 

In districts having less than two banks, 3968 69 

Duty of treasurer 69 

For school funds 69 

Form of resolution 69 

How funds placed therein 69 

Making deposits 69 

School board provided 69 

Devise. 

Board of education may accept, 3975 83 

Common school fund of state, to, 3955 57 

Endowed schools, to, management of, 4105-67 382 

Institutions may receive, 3727 329 

Ohio state university, for, 4105-15 415 

Toledo public library, for, 4002-31 161 



GENERAL INDEX. 504 

Director. Section. 

Appointment of, in city districts, 4017 206 

Compensation of, 4017 206 

Powers and duties of, 4017 206 

Removal of, 4017 206 

Election of in township districts, 3921a 36 

Enumeration, stiall take, 3921a 36 

Powers and duties of, 3921a 36 

Term of office, 3921a 36 

Libraries in certain cities and villages, 4002-40 170 

Universities of municipalities, of, 4098—4104 392-399 

Dismissal. 

Schools, on holidays, 4015 203 

Teachers to attend institute, 4091 312 

Teacher, dismissal of, 4017 206 

Improperly dismissed, may bring suit, 4019 209 

Districts. (See City, Village, Special and Township Districts.) 
Division of Funds. 

When district annex to village 11 

Donations. (See Bequests.) 



Education. (See Board of Education, Colleges, Schools.) 
Elections. 

Ballots, form of, for school elections 63 

Bonds, issue of, for school houses, 3991 99 

Centralization of township schools, for, 3927-2 39 

City districts, board of education, election of, 3897, 3970-10 12, 76 

Attached territory, voting in, 3898 25 

Educational institutions, election of trustees and visitors 

by alumni, 3747, 3749 349, 351 

Forms relating to 

High school election on question of bond issue for joint 

townships, 4009-15 195 

Union of districts in township for high school purposes, 

election on bond issue, 4009-15 195 

Lot, election decided by, when, 3970-10 76 

Notice of, 3970-11 77 

Special disticts, in, 3930, 3931, 3932, 3970-10 45, 46, 47, 76 

Abandonment of, election for, 3935 50 

Tax to exceed maximum allowed by law, vote on, 3959 62 

Special tax, vote on, 3991 99 

Teachers' institute, officers of, 4086 307 

Tie vote, liov/ decided, 3970-10 76 

Township districts, board of education of, 3915, 3970-10 32, 76 

Attached territory, voting in, 3916 33 

Village districts, board of education of, 3909, 3970-10 29, 76 

Attached territory, voting in, 3910 30 

Newly created district, election in, 3909 29 

Women can vote, when, 3970-12 78 

Registration of, 3970-12 78 



505 GENERAL INDEX. 

Electors. Section. 

Attached territory, where to vote, 3898, 3910, 3916 25, 30, 33 

Elementary Schools. 

Women are, for school oiRcers, 3970-12 78 

Defined 185 

Location of 185 

When is 185 

Employes. 

Board of education, of, 4017, 4017a 206, 207 

Minor, proof of attendance at school required before em- 
ployment, 4022-2 226 

Between fourteen and sixteen, must be able to read 

and write, 4022-3 227 

Endowment Fund. 

College, how application of, changed, 3732 334 

Corporation for, 3750 352 

Schools specially endowed, 4105-67—4105-73 382, 388 

English Language. 

English grammar, teachers' certificate must contain, 4074.. 295 

Examination of teachers in literature, 4074 295 

Youth who cannot read and write must attend school, 4022-3 227 

Enumeration. 

Apportionment of state school funds by auditor of state, 

based on, 3956 58 

By county auditor, 3964, 3966 65, 67 

Clerk of board of education to make returns of, 4035 249 

Compensation for taking, 4031 245 

Excessive, action of state school commissioner, 4040 254 

Failure to take, penalty, 4038 252 

By clerk of board to make returns, action taken, 4036 250 

Penalty for making fraudulent returns, 4041 255 

Return by county auditor to state school commissioner, 4039 253 

When county line divides original surveyed township, 

4037 251 

Township districts, who takes, 3921a 36 

Youth of school age, includes whom, 4030 244 

How taken, 4031 245 

Evening School. (See Night School.) 

Examiner. (See City, County and State Examiners.) 

Examination Questions, see Appendix. 

School funds, of, 365 478 

Adverse report, disposition of, 366 479 

Compensation of, 365 478 

Must not engage in matters forbidden by statute 289 

Must take oath of office 289 

Organization of board of 298 

Power to grant certificates 294 

Procedure in revocation of certificates 294 

Probate judge has discretionary power to appoint and 

revoke appointment 289 

Qualifications of 289 

Revocation of certificates 294 

Revocation of fraud 289 



GENERAL INDEX. 506 

Execution. (See Taxation.) Section 

School property exempt from, 3973 81 

Executive Committee. 

Teachers' institute, of, 4086 307 

Bond of, 4086, 4087 307, 308 

Forfeiture of bond, 4089 310 

Report of clerk, 4088 309 

Expenditures and Receipts. 

Board of education, clerk to make annual report of, 4052 . . . 272 

Publication of report, 4053, 4059 273, 279 

Expulsion. (See Pupil.) 

Pupil from school, of, 4014 202 

F 

Fees. (See Compensation.) 

Female. 

Suffrage of, in school elections, 3970-12 78 

Fines. 

County auditor's duties as to, 3970 71 

Fine Arts. 

Corporations for promoting, 3726-3771a. 328-381 

Flag. 

United States flag, display of, 3986-1 94 

Forms. 

Prepared by state commissioner of common schools, 359, 

360. 4058, 4060 472. 473, 278, 280 

Board of Examiners. 

Notice to teacher 294 

Oath 289 

Resolution 294 

Resolution to revoke 294 

City School Districts. 

Nomination by petition 13 

Resolution as to pension fund 14 

Classification and Change of District. 

Petition to board of education 10 

Petition to probate court 10 

Resolution of board accepting, etc 9 

Resolution releasing, etc 9 

Enumeration, Treasurer and Clerk. 

Application to proceed, etc 260 

Certificate of treasurer's bond < 257 

Entry, 259 

Entry 260 

Entry of Discharge 263 

Notice of surety to be relieved from bond 258 

Notice to official 258 



507 GENERAL INDEX. 

Forms — Continued. Section. 

EivruMERATioN, ETC. — Continued. 

Oath of clerk, 270 

Oath of treasurer 257 

Order of election 260 

Order on the treasurer 27i 

Order on treasurer when school funds are in a depos- 
itory 271 

Petition 260 

Report and certificate of school funds in treasury 257 

Report of the treasurer of township, 

county, Ohio 264 

Township clerk's bond 270 

Township treasurer's bond 257 

Provisions Applying to all Boards. 

Notice of election 77 

Notice of sale 79 

Notice of special meeting of board 86 

Oath of members and other officers 87 

Resolution for conveyance 82 

Resolution where persons are suffering from contagious 

diseases 94 

Schools and Attendance Enforced. 

Age and schooling certificate 226 

Assignment of scholars to Central High School 196 

Charge for removal of director of school director 206 

Commitment 231 

Complaint against juvenile disorderly person 231 

Complaint against parent or guardian 231 

Notice of pupil to board 242 

Notice to employers of youth 226 

Notice to parent or guardian 231 

Notice to teacher of his election etc 206 

Notice to truant 231 

Order of dismissal 209 

Report of truant officer 229 

Teacher's contract 206 

Warrant for the arrest of disorderly person 231 

School Funds. 

Certificate of annual school levy 63 

Entry 52 

Final resolution 69 

Notice to filing 52 

Petition for consent of court to such action 52 

Resolution of duty of treasurer 69 

Resolution of transfer of funds 52 

Resolution of, when bank presents its bond at the same 

time 69 

School Houses and Libraries. 

Advertisements for bids 97 

Bonds 97 

Bonds 100 

Certificate as to vote 100 

Certificate for funds etc 95 

Contracts, etc 97 

Coupon 100 

Lease to school district 95 

Notice of election for bond issue 99 

Notice of sale 100 

Resolution for exchange lOOo 



GENERAL INDEX. 508 

Forms — Concluded. Section. 

School Houses, etc. — Continued. 

Resolution of board, etc 100a 

Resolution on bond issue 99 

Resolution to appropriate ■ 93 

Resolution to issue and sell bonds 100 

Special School Districts. 

Notice of meeting 47 

Notice of time of election 47 

Petition for formation of special school district 43 

Petition to abandon, etc 50 

Remonstrance 43 

State Commissioner of Common Schools. 

Form of complaint 477 

Township School District. 

Certificate of appointment of school director to fill va- 
cancy 36 

Certificate of election of school director 36 

Different modes of altering sub-districts 35 

Minutes of appointment of schools 36 

Minutes of sub-district school meeting 36 

Notice of election in a new sub-district 36 

Notice of sub-district meeting 36 

Notice of sub-district school meeting for election of 

director 36 

Oath to judges of election 36 

Oath of school director 36 

Petition to board for vote upon centralization....;... 39 

Poll-book 36 

Resolution of action of the board 37 

Resolution of board upon submitting question to voters. 39 

Tally-sheet 36 

Fourth of July. 

Schools may be dismissed on, 4015.. 203 

Funds. (See Sinking Fund.) 

Acceptance of bids 97 

Accounts of, how kept, 3954 56 

Auditor of state, duty of, 3954, 3955 56, 57 

Advertisements for bids 97 

Among schools, how kept 56 

Apportionment of state funds by auditor of state, 3956, 

3957 58, 59 

By county auditor, 3964, 3966, 3967 65 

Bequests to common school fund, how applied, 3955 57 

Bidding for contract 97 

Board must maintain 95 

Cleveland school fund, use for library, 4002-18 149 

Contingent levy by boards of education, 3958, 3960 60, 63 

County commissioners to levy, when, 3969 70 

Penalty for failure to levy, 3969 70 

Debt of state, irreducible, common school fund shall con- 
stitute, 3954 " 56 

Depository for, 3968 69 

Distribution of by county auditor, 3965 66 

Educational institutions, of, 3732, 3750 334,352 

Fines to be collected by county auditor and paid into funds, 

3970 71 

How transferred 52b 



509 GENERAL INDEX. 

Funds — Concluded. Section. 

Income from school lands, application of proceeds of Art. 

6, Sec. 1 5 

Investigation of, 364 477 

Irreducible debt 53 

Amount of 53 

Appropriation of 58 

Varies, etc 60 

Lowest bid 97 

Miami university fund, tax for 42 

Distribution of state funds to 42 

Ohio University fund, tax for 42 

Distribution of state funds to 42 

Ohio State University fund, tax for, 3951 51 

Pension fund for teachers, 3897&-3897Z 14-24 

Public lands, proceeds of sale of, 3953, 3954 55, 56 

Rejection of bids 97 

Salt and swamp lands, proceeds of sale of, 3952, 3952-1 53, 54 

School fund, preservation of. Art. 6, Sec. 1 51 

Settlement between district treasurer and auditor, 4044... 264 

Special districts, division of fund when created, 3929 44 

State common school fund tax for, 3951 51 

State commissioner of common schools, duty as to, 358, 366, 471-479 

Taxation, constitutional provisions for. Art. 6, Sec. 2 51 

Tax levy, maximum for schools, 3959 62 

Transfer of territory, division of funds, 3896 11 

Treasurer of county, duties as to, 3956, 3957, 3960, 3963, 

3965 3966 58, 59, 63, 64, 66, 67 

Treasurer of district, receipts and disbursements by, 3960, 

4047 63, 267 

Amount he may have on hand, 4084 305 

Vote on higher rate 62 

G 

General Assembly. 

Laws to encourage schools, duty of, to pass, Art. 1, Sec. 7. . 5 

Ohio State University, report to, 4105-53 453 

State commissioner of common schools to report to, 361... 474 

School funds, to provide for by taxation. Art. 6, Sec. 2 51 

School laws can take effect upon authority other than. Art. 

2, Sec. 26 . 5 

Special districts created by act of, 3928 43 

Tax for schools, shall levy, 3951 51 

Wilberforce University, members may name pupils for ad- 
mission to, 4105-64 464 

German Language. 

Teaching of authorized, 4021 222 

Governor. 

College, fills vacancy among trustees, 3733 335 

Military academy, is visitor of, 3758 363 

Ohio State University, appointment of trustees, 4105-37 437 

Deed for lands of, to execute and deliver, when, 4105-2. 402 

School book commission, is a member of, 4020-11 211 

State commissioner of common schools, to fill vacancy in 

ofBce of, 354 467 

Report of, to be made to, when, 361 474 

Wilberforce University appointment of trustees, 4105-55.. 455 



GENERAL INDEX. 510 

Guardian. Section. 

Children under care of, entitled to attend schools free, 4013. 201 
Duties of, under compulsory education law, 4022-1 — 14, 225, 238 

H 

Habitual Truant. 

Free school books 239 

Notice to parent of truant 228 

Relief to enable child to attend school 233 

Sale of books to 214 

Tuition for high school 242 

Vicious and immoral conduct '. 228 

What constitutes 228 

Where may attend high school 242 

Hazing. 

Penalty for 94a 

High Schools. 

Board of education may establish, 4009 192 

Branches of study required, 4007-2 187 

Certificate of work done by pupil, 4007-5 190 

Value of, 4007-5 190 

Classification of, 4007-4, 4007-6 189, 191 

Defined, 4007-2 187 

Diploma, what it shall contain, 4007-5 190 

Establishment of 192 

Examinations in special and sub-districts, for, 4029-1 240 

Commencements, 4029-1 240 

Compensation of examiners, 4029-2 241 

Tuition, 4029-3 242 

History of Public Schools, see Appendix. 

Payment of tuition of 242 

Pupil entitled to attend 242 

Report of by clerk of board, 4007-6 191 

Penalty for failure to make, 4007-6 191 

Township Districts in. 

Admission of pupils to, 4009-1 193 

Board of education may establish, 4009 192 

Management and control of, 4009-1 193 

Tax levy for, 4009-2 194 

Time, length of, to be continued, 4009-1 193 

Township and joint township high schools, established 

by petition, 4009-15 195 

Buildings, purchase or renting of, 4009-15 195 

Election on question of tax levy for, 4009-15 195 

Election for tax levy not necessary when, 4009-15. 195 

Tax for, 4009-15 195 

Teachers, employment of, 4009-15 195 

Union of several districts within township for high 

school purposes, 4009-15 195 

Tuition for high school 242 

History of Public Schools. (See Appendix.) 

Holidays. 

Dismissal of schools on, without forfeiture of teacher's pay, 

4015 203 

Holidays named, 4015 203 



511 GENERAL INDEX. 

Howe's Historical Collections of Ohio. Section. 

Boards of education authorized to purchase, 4020-15 215 

Care of, how taken, 4020-15 215 

I 

Infirmary. 

Corpse, surrender of, to medical college, 3763 370 

Schools at, 4010 197 

Institutes. (See Teachers' Institutes.) 

Interest. 

Irreducible school funds, interest on, 3952, 3954 53, 56 

Investigation. 

School funds, of, by accountant, 364 477 

Teacher, of, by board of examiners, 4073, 4081 294, 302 

Irreducible School Fund. 

Accounts of, how kept, 3954 56 

Amount 53 

Original surveyed township, in two counties, how proceeds 

paid to, 3957 59 

Public lands, sale of, proceeds of, how applied, 3953, 3954. . 55, 56 

Salt and swamp lands, proceeds of sale of, 3952, 3952-1 53, 54 

J 

Janitor. 

Board of education, power to employ 4017 206 

Board of examiners may employ, 4075 296 

Dismissal of by board of education, 4017 206 

Teachers not required to do janitor work, 4018 208 

Term of employment, 4017 206 

Joint Sub-Districts. 

Abolished, 3923 38 

Territory annexed to township, 3923 38 

Judge. (See Common Pleas Court, Probate Court.) 
Juvenile Disorderly Person. 

Court for ,. 

Definition of, 4022-4 228 

Proceedings against, 4022-8 232 

K 

Kindergarten Schools. 

Boards of education may establish, 4020-18 218 

L 

Language. (See English Language, German Language.) 



GENERAL INDEX. 512 

Laws. Section. 

Encouragement of schools, for, passage of. Art. 1, Sec. 7. . . 5 

Interpretation of, decisions, preparations and distribution 

of, 360 473 

Schools, for, can take effect upon approval of authority 

other than the general assembly. Art. 2, Sec. 26.. 5 

Law College. 

Organization of, 3767, 3768 374, 375 

Law Library. 

Organization of, 3767, 3768 374, 375 

Law School. 

Ohio State University, of, 4105-29 429 

Lease. 

Form of 

Site for school house or right of way, lease of, 3987 95 

Legal Adviser. 

Boards of education, who is, of, 3977 85 

Ohio State University, who is, of, 4105-17 417 

Legislature. (See General Assembly.) 
Library. 

Access to, 3998-1, 3998-10, 4002-42 103, 112, 172 

Appropriation of money for, amount limited, 3998-6 108 

Board of directors in certain cities, 4002-40 170 

Duties of, 4002-41 171 

Organization of, 4002-41 171 

Powers of, 4002-41 171 

Report of, 4002-43 173 

Board of education may establish, 3998-1, 3998-6 103, 108 

Appropriation for, 3998-6 108 

Control of in certain cases, 3998-3 105 

Funds for, how provided, payments from, 3998-4 106 

Tax for, 3998-1, 3998-4 103, 106 

Trustees of, 3998-2 104 

Cincinnati library (See Cincinnati.) 

City districts of certain size may establish or acquire, 

3998-9, 4002-39 Ill, 169 

Board of managers, 3998-9—3998-11 Ill, 113 

Fourth class, second grade, in, 4002-46 176 

Funds, expenditure of, 3998-12 114 

Report of, to board of education, 4002-48 178 

Tax for, 3998-12, 4002-46—4002-49 114, 176, 179 

Cleveland library. (See Cleveland.) 

Control of, vested in board of education, when, 3998-6 108 

Dayton library. (See Dayton.) 

Donations, board may accept, 4002-44 174 

Established how, 3998-1, 3999, 4002-39 103, 115, 169 

Librarian, appointment, compensation of, 3998-11, 4002-41. .113, 171 

Managers for certain libraries, 3998-10, 3998-11 112, 113 

Museum, in connection with, 3998-7 109 

Portsmouth library. (See Portsmouth.) 



513 GENERAL INDEX, 

Library — Concluded. Section. 

Pre-existing library, how affected, 4002-45 175 

Rules and regulations for, 4002-41 171 

Tax levy for, 3998-4, 3998-12, 4002-45, 4002-46 106, 114, 175, 176 

How expended, 3998-4, 3998-12 106, 114 

Toledo library. (See Toledo.) 

Transfer of property by municipality 

Village districts may establish, 4002-39 169 

Location. 

Ohio State University, 4105-18 418 

School house, convenience of, 4007 185 

Lot. 

Election decided by, when, 3970-10 76 

M 

Manual Training. 

Boards of education may provide, 4020-18 218 

Map. 

Attached territory, to be made of, 3898, 3910, 3916 25, 30, 33 

Special districts, map of, 3928 43 

Territory transferred from one district to another, map of, 

3894, 3895 10 

Township district, map of, 3921 35 

Mechanics' Institute. 

Authority to borrow money, issue bonds, etc., 3768-1 376 

Directors and trustees not personally liable for debts, 

3768-1 376 

Objects of institute, enlarged, how, 3768 375 

Organic rules which may be prescribed in articles of in- 
corporation, 3767 374 

Medical College. (See Colleges.) 

Bodies for dissection, may receive, 3763 370 

Meetings. 

Board of education, city districts, 3897a 13 

Special districts, 3933 48 

Township districts, 3920 34 

Village districts, 3911 31 

City board of examiners, 4080 302 

County board of examiners, 4071 291 

Illegal, when, 3984 91 

Ohio State University, trustees of, 4105-41 441 

Special meetings, how called, 3978 86 

Text-books, adoption of must be at regular meetings, 

4020-14 . 214 

Wilberforce University, trustees of, 4105-59 459 

Member of Board of Education. 

Deduction of property 80 

Deduction of property to 80 

Liability of, for injuries to property 79 

Title to property 80 



GENERAL INDEX. 514 

Memorial Day. Section. 

Schools may be dismissed without forfeiture of teacher's 

pay, 4015 203 

Miami University. (See Normal Schools.) 
Military Academy. (See Academy.) 

Minor. 

Attendance at school of, when unable to read and write, 

4022-3 227 

Commitment to reformatory of, proceedings, 4022-8, 4022-9, 

4022-11 232, 233, 235 

Employment of, between certain ages, when schools are in 

session, unlawful, 4022-2 226 

Money. (See Funds.) 
Month. 

School month, length of, 4016 205 

Museum. 

Association, rules for organization of, 3767, 3768 374, 375 

Board of education may establish, 3998-7 109 

Dayton library board, may establish, 4002-38 168 

Music. 

Special certificates in, may be granted, 4074 295 

N 

Narcotics. (See Scientific Temperance.) 
Natural History Society. 

Regulations as to, 3767, 3768 374, 375 

New Year's Day. 

Schools may be dismissed without forfeiture of teacher's 

pay, 4015 203 

Night Schools. 

Provisions for, 4012, 4012a 199, 200 

Nominations. 

By petition 13 

Form of 13 

Members of boards of education, by petition, 3897a 13 

Non-Resident. 

Attendance at school, when permitted, conditions, 4013 201 

By agreement of boards, 4022 223 

When one and one-half miles from school house, 4022a. 224 

Patterson graduates, privileges of, 4029-1, 4029-3 240, 242 



515 GENERAL INDEX. 

Normal Schools. Section. 

Physical training must be provided in, 4020-17 217 

Scientific temperance, instruction in, at, 4020-24 220 

Penalty for failure to instruct, 4020-25 221 

State normal schools established, 4094-1 326 

Wilberforce University normal department at, 4105-54 — 

4105-66 454, 466 

Notice. 

Attendance at nearest school, notice to board not necessary, 

4022O 224 

Board of education, meetings of, 3978 86 

Educational institutions, notice of meetings of stockholders, 

3734 336 

Purpose, name, notice of intended change, 3762a 368 

Election, notice of bond issue, 3991 99 

Board of education; members of, 3970-11 77 

Special districts, election in newly organized, 3932.... 47 

Abandonment of, 3935 50 

Tax levy, election for, 3991 99 

Township districts, election of director, 3921a 36 

Teachers' notice of examination, 4071, 4080 291, 301 

Text-books, publishers of, notice to, 4020-11 211 

Boards of education, given to, 4020-12 212 

Truancy, notice to parent, 4022-7 231 



o 

Oath. (See Forms.) 

Board of education, members and clerk, of, 3979 87 

Clerk of board of education, 3979, 4035 87, 249 

Cleveland library, board, of members, 4002-6. 191 

County auditor may administer, when, 4036 250 

Election officers in townships, 3921a 36 

Enumerator, of, 4031 245 

School officers, of, 3979 87 

Schools specially endowed, trustees of, 4105-70 385 

Special examiner of teachers, 4078 299 

State commissioner of common schools, of, 355 468 

Office. (See various officers, by name.) 

State commissioner of common schools can not hold, other, 

356 469 

Officer. (See various officers, by name.) 

Charges against, investigation of, 364-366 477, 479 

Oath of school officers, 3979 .' 87 

Ohio State University. — Columbus. 

Analysis of minerals, by professor of, 4105-27 427 

Appropriations for apparatus, equipment, etc., 4105-28.... 428 
Attorney-general legal adviser of board of trustees, of, 

4105-17 417 

Board of Teustees. 

Faculty, compensation of, to fix, 4105-44 444 

Further duties of board, 4105-11, 4105-40 411, 440 

Grants and devises of land may be received by, 4105-15 415 



GENERAL INDEX. 516 

Ohio State University — Concluded. Section. 

Board of Trustees — Continued. 

Management and control of, to be vested in, 4105-13... 413 

Powers and duties of, 4105-39 439 

Provide for lecturers, board may, 4105-12 412 

Branches taught at, 4105-45 445 

Ceramics, department of, 4105-30—4105-34 430, 434 

Law department of, 4105-29 429 

Certain acts repealed, 4105-25 425 

Clay working and ceramics, course in, 4105-30 430 

Established, name of, 4105-9 409 

Fund of, 3951 51 

Irreducible debt of state, part of, 4105-43 443 

Interest on fund of agricultural college, invested, how, 

4105-46, 4105-47 446, 447 

Laboratory apparatus, models, and machinery, to be provid- 
ed, 4105-26 426 

Lands. 

Accepted by state from United States, 4105-19 419 

Board may sue for lumber cut off such lands, 4105-20. . 420 

Compensation and proceedings of appraisers, 4105-22.. 422 

Deeds, how made and execut?d, 4105-23 423 

Occupant may purchase additional land, 4105-21 421 

Occupant claiming exemption to comply with law of 

congress, 4105-21 421 

Payments, how made and secured, 4105-23 423 

Record of contract to be made and kept, 4105-23 423 

Sale of, public or private, 4105-23 , 423 

Proceeds of sale, disposition of, 4105-24 424 

Survey to be made by trustees, 4105-21 421 

Title to, vested in trustees, 4105-21 421 

Tracts to be numbered and appraised, 4105-22 422 

Trustees to sell other lands, 4105-21 421 

Unsold land to be divided into tracts, 4105-22 422 

Law school, provisions for, 4105-29 429 

Location of college, etc., 4105-18 418 

Meetings of board, 4105-41 441 

Mines, school of, 4105-26—4105-28 426, 428 

Named "The Ohio State University," 4105-36 436 

Objects of college, 4105-9 409 

Officers of board, their duties, etc., 4105-14 414 

Professors employed to teach, 4105-27 427 

Pupils who may be admitted as, 4105-12 412 

Report of trustees, 4105-42 442 

Residence for faculty may be erected by trustees, 4105-24. . 424 

Style and powers of board of trustees, 4105-10 410 

Tax levy for, 3951 51 

Terms of office of trustees, compensation and vacancies, 

4105-38 438 

Title of lands to vest in the state, 4105-16 416 

Trustees authorized to make certain deeds, 4105-48 448 

Virginia military lands, I'elief of buyers, 4105-50 450 

Written analysis of fertilizers to be furnished, how, 4105-35. 435 

Ohio University. — Athens. 

Admission of pupils 

Distribution of fund 

Sale of certain lands, 4105-1 401 

Deed for, 4105-2—4105-4 402, 404 

■ Proceeds of, 4105-5 405 



517 



GENERAL INDEX. 



Ohio University ( Athens ) —Concluded. Section. 

Tax on lands donated to, 4105-6—4105-8 406, 408 

Tax for 

Order. 

Teachers' pay, for, illegal, when, 4051 270 

Treasurer, order on, how drawn, 4047 267 

Must produce order for all disbursements, 4044 264 

Orphan Asylum. 

Schools at, provisions for, 4010 197 

Original Surveyed Township. 

Apportionment of funds, when county line divides, 3966... 67 

Funds how paid in such cases, 3957 59 

Enumeration, when divided by county line, 4037 251 



P 

Parent. 

Duty of, to send minor children to school, etc., 4022-1 225 

Violation of act relating to, 4022-3 227 

Patterson Law. 

Compensation of examiners, 4029-2 241 

County commencements, 4029-1 240 

Examinations, branches of study, 4029-1 240 

High school attended, character of, 4029-4 243 

Township commencements, 4029-1 240 

Tuition, payment of, 4029-3 242 

Penalty. 

Board of education, for failure to levy contingent fund, 

3969 70 

Clerk of board of education, for failure to make report, 

4061 281 

Corporation, unlawful employment of minors, 4022-2, 4022-3, 

4022-11, 4022-12 226, 227, 235, 236 

Corpse, detention of, 3763 370 

County auditor, failure to make statistical report, 4060, 

4061 280, 281 

For failure to make enumeration return, 4063 283 

Enumeration return, fraudulent, 4041 255 

Parent or guardian, liable, when, 4022-7, 4022-11, 4022-12, 

231, 235, 236 

School officers, non-enforcement of compulsory education 

law, 4022-11 235 

Teachers' institute, executive committee, failure of, to re- 
port, 4088 309 

Pension Fund for Teachers. 

Appropriation for by board of education, 3897Z 24 

Board of education may create, 3897& 14 

Created and invested, how, 3897c 15 

Death of teacher, who shall receive, 38977i 20 

Deductions from teachers' salaries, 3897/ 18 



GENERAL INDEX. 518 

Pension Fund for Teachers — Concluded. Section. 

Form of resolution 14 

Participants in fund 15 

Penalties, fines, etc., to be paid into fund, 3897fc 23 

Pension, amount of, 3897(Z 16 

Persons entitled to, 3897fZ 16 

Principal and income can be used, 3797e 17 

Resignation or removal of teacher, rebate, 38977i 20 

Retirement of teacher, 3897(Z 16 

Rules and regulations, 3897i 21 

"Teacher" defined, 3897(Z 16 

Treasurer of funds, 3897fir 19 

Trustees, number, election, term, 38976 14 

When insufficient to pay teachers, 3897(Z 16 

Personal Property. (See Property.) 
Petition. 

Centralization of township schools, for, 3927-2 39 

Evening schools, for, 4012 199 

Forms relating to 

Nominations by, 3897a 13 

Special district, creation of, 3928 43 

Transfer of territory, for, 3895 10 

Physical Training. 

Instruction in, required, virhere, 4020-17 217 

Plat. 

Property to be appropriated for school purposes, plat of, 

3990 9§ 

School district, plat of, 3894, 3895, 3898, 3910, 3916, 3921, 

9, 10, 25, 30, 33, 35 

Portsmouth. 

Libraries, consolidation of, 4003 180 

Library committee election of, 4004 181 

Powers and duties of, 4005, 4006 182, 183 

Vacancies in, how filled, 4004 181 

President. 

Board of education, of, election, 3897a, 3911, 3920, 3933, 13, 31, 34, 48 

Absence of at meeting, who acts, 3983 90 

Order on treasurer, must sign, 4047 267 

Record of proceedings, must sign, 3984 91 

City board of examiners, of, election, 4079 300 

Clerk of board of education, bond of, to be filed with, 4050. 270 

County board of examiners, election of, 4070 290 

Educational institutions, of, 3728 ■. 330 

Libraries in certain cities, member of board, is, 3999.... 115 

Process on board of education, served on, 3976 84 

Teachers' institute, of, election, 4086 307 

Private Schools. (See Colleges and Universities.) 

Report of, required, 363 476 

Specially endowed, trustees for, 4105-67 382 

Accounts of trustees, 4105-71 386 

Bond of trustees, 4105-70 385 



519 GENERAL INDEX. 

Private Schools — Concluded. Section. 

Specially endowed — Continued. 

Duties of trustees, 4105-69 384 

Oath of trustees, 4105-70 385 

Vacancies, how filled, 4105-68 383 

Visitors of, 4105-72 387 

Probate Judge. 

Appropriation of property for school purposes, jurisdic- 
tion, 3990 98 

Compulsory education law, jurisdiction of, 4022-7, 4022-8 — 

4022-11 231, 232, 235 

County examiners, appointment of, 4069 289 

Report of appointment, 4069 289 

Revocation of appointment, 4069 289 

Deaf children, report of, to be returned to, 4022-10 234 

Special districts, petition for creation of, when filed with, 

39.28 , 43 

Change of boundary of, 3929 . /. 44 

Costs, security for, 3928 43 

Fees, same as in civil cases, 3929 44 

Funds, division of, by, 3929 44 

Hearing on petition, 3929 44 

Jurisdiction of, 3929 44 

Notice of hearing, 3929 44 

Petition, when district in two or more counties, 3928. . 43 

Remonstrance against formation of, 3928 43 

Tax valuation of district, minimum, 3928 43 

Transfer of territory, petition for, 3895 10 

Costs, security for, 3895 10 

County auditor, certificate filed with, 3895 10 

Funds, division of, 3896 11 

Hearing on petition, 3895 10 

Jurisdiction of, 3895 10 

Notice of hearing, 3895 10 

Petition, when district in two or more counties, 3895.. 10 

Process. 

Service of, on boards of education, 3976 84 

■Professors. 

Educational institutions, appointment of, for, 3726 328 

Faculty, pi'ofessors are members of, 3728 330 

Powers of, 3728 330 

Military academies, professors are members of board, 3757. 362 
Ohio State University, employment and dismissal of, at, 

4105-11 411 

Ceramics, department of, instructor in, 4105-33 433 

Chemistry, analysis of fertilizers to be furnished by 

professor in, 4105-35 435 

Compensation of, how fixed, 4105-44 444 

Mines and mine engineering, instructor in department 

of, 4105-26, 4105-27 426, 427 

Residences may be erected for faculty, 4105-24 424 

Universities of municipalities, 4099 394 

Property. 

School property, how sold or exchanged, 3971 79 

Exempt from taxation or execution, 3973 81 

Title to, iu whom vested, 3972 80 



GENERAL INDEX, 520 

Prosecuting Attorney. Section. 

Board of education legal adviser of, 3977 85 

Can not enjoin application of money, etc 85 

Compensation of, 3977 85 

Shall not be a member of board, 3977 85 

Funds, fraudulent use of, duty as to report of examiner 

of, 366 479 

Teachers' institutes, duties as to, 4089 310 

Public Library. (See Library.) 
Publication. 

Board of education, sale of property by, 3971 79 

Building and repairing, bids for, 3988 97 

Receipts and expenditures, by clerk of, 4053 273 

City board of examiners, meetings of, 4080 301 

County board of examiners, meetings of, 4071 291 

Election notice, 3970-11 77 

Publishers. 

Text-book law, requirements of, 4020-10 — 4020-14 210, 214 

Pupils. (See Attendance.) 

Age and schooling certificate 226b 

Assignment of by board of education, 4013 201 

Attendance when more than one and one-half miles from 

school 224 

Compulsory education of 225 

Employed in factory 226a 

Employed in mining 2266 

Expulsion of, 4014 202 

Failure to instruct 208 

Law unconstitutional 225 

Notice to employers of 226& 

Payment of tuition 242 

Relation to teacher 208 

School week 208 

Subject to corporal punishment 208 

Subject to expulsion 208 

Suspension of, 4014 202 

Tuition for high school 242 

Tuition of, may be paid by agreement between boards, 4022 223 

When is a juvenile person disorderly 228 

When may attend high school 242 

Where may attend 242 



Q 



Qualifications. 

Examiners of, 4069, 4077 289, 298 

Teachers in common schools, 4074 295 

In city and village districts, 4078, 4084 299, 305 

Quorum. 

Board of education, of, what constitutes, 3982 89 

Business that a majority of a quorum cannot transact, 

3982 89 

Educational institutions, what constitutes, 3745 347 



521 GENERAL INDEX. 

Quorum — Concluded. Section. 

May make all reasonable 92 

Rules of board 89 

What are proper rules 92 

What constitutes 89 



Real Property. (See Property.) 

Receipts and Expenditures. 

Board of education, clerlt of to prepare and forward to 

county auditor, 4052, 4057 272, 277 

Publication of, 4053 273 

Record. 

Board of education, how kept, 3984 91 

Approval of, 3984 91 

Public record, is, 3984 91 

Bonds, record of issue, 3992 100 

Educational institutions, of, 3762a 368 

Relief. 

Board of education may afford to needy children, 4022-9 . . . 233 

Religion. 

School funds, religious sect shall have no control of. Art. 6, 

Sec. 2 51 

Reports. 

Board of education, financial and statistical, 4052, 4057, 

4058 272, 277, 278 

City board of examiners, to state school commissioner, 4084 305 

Appointment of, report, 4077 298 

City districts, publication of reports, 4059 279 

Cleveland library board of, report, 4002-8 139 

Clerk of board of education, of, 4052, 4057, 4058 272, 277, 278 

Enumeration, report of, to auditor, 4035 249 

Failure to make, other person to be appointed, 4060. .. 280 

Financial, publication of, 4053 273 

Penalty for failure to make, 4061, 4062 281, 282 

Teachers' report to be filed with, before order is drawn 

for pay of, 4051 271 

Colleges, report of, 363 476 

Copies of all reports may be required by the state com- 
missioner, 358 471 

County auditor, to state commissioner, 4060 280 

Enumeration returned by, to state commissioner, 4039 253 
Penalty for not making, or for making fraudulent re- 
ports, 4041, 4061, 4063 255, 281, 283 

Report of clerk to, failure to make, auditor may ap- 
point other person, 4062 282 

County board of examiners, clerk of, to make, 4070, 4072, 

4076 290, 293, 297 

Dayton public library board, to report to board of educa- 
tion, 4002-38 168 



GENERAL INDEX. 522 

Reports — Concluded. Section. 

Enumeration return by clerk to auditor, 4035 249 

County auditor to state commissioner, 4039 253 

Original surveyed township, by auditor, 4037 251 

Examiner of school funds, report of, 365 478 

Libraries in certain cities and villages, report of, 4002-43 . . 173 

Ohio State University, report of teachers, 4105-42 442 

Board of claims, report of 4105-53 453 

Portsmouth library committee, report of, 4005 182 

Private schools, report required, 363 476 

Probate judge, appointment of school examiners, 4069 289 

State commissioner of common schools, report of, 361, 362.474, 475 

Superintendent of schools of, 4059 279 

Teachers, report of, 4022-6, 4059 230, 279 

Report must be filed w^ith clerk before order is drawn 

for pay of, 4051 271 

Toledo library, report as to, 4002-29 159 

Treasurer of board of education, to auditor, 4044 264 

Truant officer, reports of, 4022-5, 4022-9, 4022-10 229, 233, 234 

Penalty for failure to make, 4022-11 235 

Visitors to certain endowed schools, to report, 4105-72 387 

Wilberforce University report of trustees, 4105-63 463 

Representative. (See General Assembly.) 
Returns. (See Elections, Reports.) 
Revocation. (See Certificate.) 
Rules and Regulations. 

Board of education, 3985 92 

County board of examiners, for, 4070 290 

Libraries, made by board of education, for, 3998-10 112 

Cincinnati library, for, 3999a 116 

City and village districts, for, 4002-41 171 

Cleveland library, for, 4005 141 

Portsmouth library, for, 4005 182 

Toledo library, for, 4002-28 158 

Teachers' pension fund, for, 3897i 21 

Vaccination, rules for, 3986 93 



s 

Sale. 

Boai-d of education, sale of property by, 3971 79 

Text-books, sale of, 4020-10—4020-14 210, 214 

Salt and Swamp Lands. 

Proceeds of sale of, how applied, 3952, 3952-1 53, 54 

Salaries. (See Compensation.) 

May be increased, but not diminished, 4017 206 

Scholarships. 

stock of colleges, etc., may be changed into, 3730 332 



523 GENERAL INDEX. 

Schools. Section. 

Admission of non-residents, by agreement of boards, 4022. 223 

Children's homes, schpol at, 4010 197 

Closing of, on holidays, 4015 203 

During session of teachers' institute, 4091 312 

Continued, must be, how long, 4007 185 

Conveyance of pupils, to, 3922, 3934 37, 49 

Deaf children, schools for, 3901 (1-7) 27 

Dismissal of, on holidays, 4015 : 203 

Teachers, to attend institute, 4091 312 

Examination of schools, by city board of examiners, 4078.. 299 

Evening schools, 4012, 4012a 199, 200 

Free to whom, 4013 201 

German language, in, 4021 222 

Graduating examinations for high school attendance, 4029-1 240 

High schools, 4007-2—4009-15 187, 195 

Teachers' certificate in, 4074 295 

History of. See Appendix. 

Infirmary, schools at, 4010 197 

Janitor of, 4017 206 

Number of, required, 4007 185 

Orphans' asylum, schools at, 4010 197 

Physical training in, 4020-17 217 

Private schools, report of, 363 476 

Pupils, admission of, etc., 4013 201 

Attendance enforced, 4022-1 225 

Non-resident, attendance of, 4013, 4022, 4022a... 201, 223, 224 

Scientific temperance instruction, in, 4020-23 219 

State commissioner of common schools, as to, 354 — 366... 467 479 

Studies, 4007-1, 4007-2 186, 187 

Text-books, in, 4020-10—4020-14 210, 214 

Zanesville charity school, 4011 198 

School Books. (See Text-Books.) 
School Book Commission. 

Membership of, 4020-11 211 

Price of text-books, maximum, fixed by, 4020-11 211 

Publishers, failure to furnish books, action by commission, 

4020-13 213 

School Director. 

Duties of" 36 

School Districts. (See City, Village, Special and Township.) 

Classification of, 3885 1 

Territory, transfer of, 3894, 3895 9, 10 

School Funds. 

Certificate of annual levy 63 

Constitutional provisions for 51 

Division of funds 62 

Form of petition 52b 

Hearing of petition 52& 

Irreducible debt 53 

Notice of filing 52& 

Petition in common pleas court 52& 

Procedure in common pleas court 52& 

Resolution 52& 

Transfer of 52a 

Vote on higher rate 62 



GENERAL INDEX. 



524 



School Houses. Section. 

Advertising by board of education for bids for building, etc., 

3988 97 

Appropriation of land for, 3990 98 

Appropriation of property for 98 

Bids for erection 97 

Boards must act as an entirety 97 

Boards of education, to provide, 3987 95 

Directions for bidding for and letting contracts, 3988 97 

Bonds for, 3992, 3994 100, 102 

Bonds issued for 99 

Building, repairing, etc., 3987 95 

Certificate as to vote 99 

Certificate of funds 100a 

Certificate of funds before contract made 95 

Contracts, directions for bidding and letting, 3988 97 

Contracts for school purposes 100a 

Directors — 

Subordinate board in management 95 

Election on bond issue 99 

Entertainments, use of school house for, 3987-1 96 

Exempt from taxation and execution, 3973 81 

Pence around 95 

Flag, display of, 3986-1 94 

Form of 96 

Form of bond 100, 97 

Form of contract 97 

Form of resolution 99 

For what purpose may be used 96 

How located 95 

Lease for 95 

Liability of individual member 96 

Lowest bidder 95 

May employ counsel to appropriate 98 

Must be lowest bid 97 

Must provide convenient egress 95 

Notice of election 99 

Notice of sale 100 

Payment of bond 100 

Refunding bonds 100a 

Resolutions to appropriate 98 

Resolution on bond issue 99 

Resolution to exchange 100a 

Resolution to issue and sell bond 99 

Resolution to refund 100a 

Restriction as to 100a 

Restriction as to contracts made for 95 

Should be made in writing 96 

Taxation, exempt fi^om, 3975 81 

Tax levy for, when and how submitted to voters, 3991 99 

Bonds of, 3992 100 

Certificate of levy, to county auditor, 3993 101 

When board will be enjoined 95 

School Property. 

Assessments against 81 

Constitutional provision 81 

Executions against 81 

Exempt from taxation 81 

Insurance of 81 



525 GENERAL INDEX. 

School Property — Concluded. Section. 

May be sold on foreclosure of mortgage 81 

Mechanic's liens on 81 

When 81 

School Rooms. 

Renting of by board of education, 3987 95 

Schools Specially Endowed. 

Provisions relating to, 4105-67 — 4105-73 382, 388 

School System. 

Basis of 1 

Sec. 16 given for school purposes 1 

Scientific Temperance. 

Board of education, to require instruction in, 4020-23 153 

Educational institutions, required to teach, 4020-23 153 

Normal schools, instruction in, at, 4020-24 154 

Penalty for non-enforcement, 4020-25 155 

Regular branch of study, to be, 4020-23 153 

State commissioner of common schools, duties as to, 4020-24 154 
Teachers' certificates, not granted without examination in, 

4020-24 154 

Institute, instruction at, 4020-24 154 

Secretary of State. 

Educational institutions, articles of incorporation filed with 

secretary, 3726, 3762a 328, 368 

Fees of, 3762a 368 

School book commission, is a member of, 4020-11 211 

State commissioner of common schools, bond of, to be filed 

with, 355 468 

Section Sixteen. 

Enumeration of youth, in, 4030 244 

Funds derived from, investment of, 3953, 3954 55, 56 

Senator. (See General Assembly.) 
Session. 

Schools of, length of time, 4007 185 

Settlement. 

Treasurer of district, with county auditor, 4044, 4045.... 264, 265 

Sinking Fund. * 

Board of education shall establish, when, 3970-1 72 

Board of commissioners of, 3970-1 72 

Investment of, 3970-2 73 

Orders on, how drav/n, 3970-4 75 

Refunding debt, 3970-3 74 

Report by clerk of, 3970-4 75 

Securities may be sold, 3970-2 73 

Sites. 

Board of education to furnish, 3987 95 

Bonds for, 3992, 3994 100, 102 



GENERAL INDEX. 526 

Solicitor. (See City Solicitor.) Section. 

Special Districts. 

Abandoned, how, 3935 50 

Board of education, membership of, 3930 45 

Election of, 3930 45 

Organization of, 3933 48 

Terms of members, 3930 45 

Classification of, 3885, 3891 1, 6 

Clerk of board of education, election of, S933 48 

Compulsory attendance in, 4022-1—4022-14 225, 238 

Contiguous territory defined 7 

Continuance of district, 3933 50 

Conveyance of pupils, 3934 49 

Created by act of general assembly, legalized, 3928 43 

Defined, 3891 6 

Election in, how conducted, 3931 46 

In new district, 3932 47 

On abandonment, 3935 50 

Established by petition, 3928, 3929 43, 44 

Form of petition for 43 

Funds, division of on creation of, 3929 44 

How abandoned 50 

Must be created under general laws 6 

Notice, etc -. 47 

Officers of, continued in office, 3928 43 

President, election of, 3933 48 

Procedure to establish 43 

Reasons for establishing 43 

Remonstrance against 43 

Sub-district is not school district 7 

Tax levy, maximum for, 3959 62 

Territory transferred from one district to another, 3894, 

3895 9,10 

Time of election 47 

Treasurer, election of, 4042 256 

Tuition, payment of under "Patterson Law," 4029-3 242 

When may be 43 

When constitutional 43 

Special Meetings. 

Boards of education, of, 3978 86 

Notice necessary, 3978 86 

State Board of Examiners. 

Appointment of, 4065 285 

Certificates issued by, 4066 ^ 286 

Compensation of members, 4068 T 281 

Examination fees, disposition of, 4068 288 

Term of members, 4065 285 

Vacancies in, how filled, 4065 ." 285 

State Commissioner of Common Schools. 

Appeal to applicants for teachers' certificate, 4085 306 

Board of examiners, report of appointment of members of, 

to, 4069, 4077 289, 298 

Report of board, to, 4076, 4084 297, 305 

Bond of, 355 468 

Books and papers, preservation of, 356 469 



527 GENERAL INDEX. 

State Commissioner of Common Schools — Concluded. Section. 

City districts, may sub-divide when board fails to act, 3897 12 

Colleges, reports of, to, 363 ' 476 

County auditor, reports of, to, 4039, 4060 . ; 253, 280 

Duties. 

Attendance of, at ofBce, required, 356 472 

Certificate to county auditor for receipt of reports, 4064 284 
Examination questions, uniform system prescribed, 

duties as to, 4071a 292 

Forms prepared, and furnished, by, 359, 360, 4058.472, 473, 278 

Laws, preparation and distribution of, 360 473 

School funds, investigation of, duties as to, 364 477 

Scientific temperance instruction, duty as to, 4020-23 — 

4020-25 219, 221 

Visitations by, 357 470 

Election of, 354 467 

Enumeration return to, 4039 253 

Action by, when enumeration excessive, 4040 254 

Forms for blank books, report blanks, etc., prepared by, 359, 

360, 4058 472, 473, 278 

High schools, shall classify, 4007-6 191 

Office of, where located, 356 469 

Report of, publication, contents, 362 475 

Copies of all reports of school officers and any other 
information may be required by the commissioner 

358, 4058 471, 278 

School book commission, is a member of, 4020-11 211 

School funds, supervision over, 358, 364 471, 477 

State board of examiners, appointment of members, by, 4065 285 

State certificates, countersigned by, 4067 287 

Superintendent or teacher, commissioner shall not be, 356 469 

Teachers' institute, report of, to, 4086, 4088, 4094 307, 809, 315 

Commissioner may hold institute, when, 4090 311 

Term of, 354 467 

Text-books, filed at office of, 4020-10 210 

Notice to boards of education. 4020-12 212 

Price, maximum, fixing of, 4020-11 211 

Publishers' list price, filing of, 4020-10 210 

Notification to, 4020-11 211 

Vacancy in office, of, how filled, 354 467 

State Common School Fund. (See Funds.) 

State Certificate. (See Certificate.) 

State School Book Commission. (See School Book Commission.) 

State Treasurer. 

Bond of state commissioner of common schools, to be filed 

with, 355 468 

Statistics. (See Appendix.) 

Report of, 4052, 4057, 4058, 4059, 4060 272, 277, 278, 279, 280 

Statutes. 

Interpretation of , 



Stockholder. 

Educational institutions, assessments of, 3753-3756 358, 361 



GENERAL INDEX. 528 

Studies. (See Branches of Study.) Section. 

Sub-districts. (See Director.) 

City districts, certain cities shall be sub-divided, 3897 12 

Redistricting, 3897 12 

State sctiool commissioner to act wtien board fails, 

3897 12 

Township districts, election of director, powers and duties, 

3921a 36 

Certificate of appointment 36 

Enumeration taken by director, 3921a 36 

Existing sub-districts recognized for school attendance, 

3921 35 

Form of minutes 36 

Form of poll-book 36 

Form of tally-sheet 36 

Change of, 3921 35 

Minutes of appointment of school director 36 

Notice 36 

Notice of sub-district school meeting 36 

Oath of judges at election 36 

Special meeting in sub-district 36 

Summons. 

Board of education, summons for, 3976 84 

Superintendent of Buildings. 

Appointment of by board of education, 4017 206 

Superintendent of Schools. 

Appointment of, 4017, 4017a 206, 207 

Board of education, elected by, 4017, 4017a 206, 207 

C?ty boards of examiners, to give information to, 4078 299 

Compensation of fixed by board of education, 4017 206 

Duties of, 4017a 207 

Employment of, 4017, 4017a 206, 207 

Order for pay of, when illegal, 4051 271 

Penalty for failure to enforce temperance instruction law, 

4020-25 221 

Private teacher, is judge of qualifications of, 4022-1, 4022-3.225, 227 

Pupils may be excused from attendance by, 4022-1 225 

Suspension of, by, 4014 202 

Reports required of, 4052, 4057-4059 272, 277, 279 

Teacher, shall appoint in city districts, 4017a 207 

Suspension of, by, 4017a 207 

Term of, maximum, 4017, 4017a 206, 207 

Truant officer, directions to, by superintendent, 4022-5, 

4022-7 229, 231 

Report of, to superintendent, 4022-5 229 

Suspension. 

Director in city districts, may be, 4017 206 

Pupils may be suspended from schools, 4014 202 

Schools may be suspended in sub-districts, when, 3922 37 

Discontinued in sub-districts, when, 3927-2 39 

Schools specially endowed, suspension of trustees of, 4105- 

68 383 

Teacher may be, by superintendent in city districts, 4017a. . 207 



529 GENERAL INDEX. 

Swamp Lands. Section. 

Interest upon proceeds of sale of, disposition of, 3952, 

3952-1 53,54 

T 

Tax. 

Assessment 81 

Board of education, regular tax levy, by, 3958 60 

Certificate of, to county auditor, 3960 63 

Maximum levy by, authorized, 3959 62 

Special levj'' by, election for, 3993 101 

Cleveland, for library purposes, how expended, 4002 ' 131 

Library property in, exempt from, 4002-5 136 

Manual training school, tax for, 4020-18 218 

Sinking fund for library board, 4002-16 216 

Compulsory education law, tax authorized, when, 4022-13.. 213 

Constitutional provision 81 

Dayton, for library purposes, 4002-35, 4002-36 165, 166 

Election on question of special levy, 3959, 3991 62, 99 

High schools, township districts, tax for, 4009-2 194 

Township or joint township high school, election on 

question of levy for, 4009-15 195 

Election not necessary, when, 4009-15 195 

Library, levy for in certain cities and villages, 4002-39 — 

4002-45 169-175 

City districts, second class, fourth grade, tax for, 4002- 

46—4002-49 176-179 

Maximum levy for all districts, 3959 .... 62 

Ohio State University, tax for, 3951 51 

Ohio University, lands of, on, 4105-4, 4105-6, 4105-7 404, 406, 407 

Portsmouth, tax for library, 4006 183 

Property of board of education, exempt from, 3973 81 

School property, exempt from taxation. Art. 12, Sec. 2, 3973- 81 

School property, exempt 81 

School tax paid by non-residents to be credited on tuition, 

4013 201 

Special levy, election on question of, 3991 99 

Certificate of, to county auditor, 3993 101 

State school tax, 3951 51 

Tax levy, maximum for schools, 3959 62 

Estimate for, certified to county auditor, 3960 63 

Levy to exceed maximum, must be submitted to vote, 3959. 62 

Universities of municipalities, for, 4104 202 

Teachers. (See Appendix.) 

Application of old teachers first considered 206 

Appointment of, 4017, 4017a 206, 207 

Attachment of salary '. 206 

Can punish if forbidden by parent 208 

Can not collect compensation unless has proper certificate. 295 

Causes for 209 

Certificate, granting of, 4066, 4073, 4081 286, 294, 302 

Branches of study necessary, 4020-24, 4074, 4078.. 220, 295, 299 

Elementary, 4074 295 

Fee required for, 4068, 4071 288, 291 

High school, 4074 295 

Original or copy must be filed with the clerk of the 

board of education, 4051 271 



GENERAL INDEX, 530 

Teachers — Continued. Section. 

Certificate — Continued. 

Prerequisite to employment of, 4051, 5074 271, 295 

Revocation of, 4067, 4073, 4081 287, 294, 302 

Special, 4074 29'j 

Compensation of, how fixed, 4017 20ri 

Discretion of board 209 

Dismissal of, 4009-1, 4017, 4017a 193, 206, 207 

For insufficient cause, may institute suit, 4019 209 

Duties of, 4018 208 

Elementary schools, certificates foi% 4074 295 

Employed as, who may be, 4074 295 

Employed at meeting of board 206 

Epidemic, shall receive pay when schools are closed on 

account of, 4017 206 

Examination of, for certificates, 4071, 4071a, 4073, 4074, 

4078, 4080, 4081 291, 292, 294, 295, 299, 301, 302 

Extent of time and place as to punishment 208 

Form of contract 206 

Form of order 209 

Good moral character 294 

High schools in townships, teachers in, 4009-1 193 

Certificates for, what required, 4074 295 

Holidays, may dismiss schools on, 4015 203 

How exercised 208 

If allowed to serve after dismissal, this is a waiver 206 

If refused, may appeal to state commissioner 306 

Immorality 209 

Improper conduct 209 

Institute, may organize, 4086, 4092 307, 313 

Schools may be dismissed for teachers to attend, 4091. . 312 

Teachers shall receive pay for attendance, 4091 312 

Investigation of, by county examiners, 4073 294 

Janitor work not required of, 4018 208 

Liability for failure to instruct 208 

Measure of damages where dismissed 206 

Member can not vote for relation 206a 

Minimum salary 206a 

Neglect of duty 209 

Order for pay of, when illegal, 4051 271 

Order of dismissal 209 

Pension fund (See pension fund for teachers). 

Power to expel , 208 

Power to inflict corporal punishment 208 

Pupil's age does not effect 208 

Qualifications for employment in schools, 4020-24, 4074 220, 295 

Relation of to pupil 208 

Report of schools, required by, 4022-6, 4051, 4059 230, 271, 279 

Revocation of certificate 294 

Salary can not be diminished 206 

Scientific temperance, must be examined in, 4020-24 220 

State commissioner of common schools, duties as to, 357, 

4085 470, 306 

Statutory requirements must be complied with 206 

Suspension of pupils, by, 4014 202 

Term of appointment, maximum, 4017, 4017a 206, 207 

Trial 209 

Unlawful reward for vote 206o 

What are reasonable rules 208 

What should be taken into consideration 208 



531 GENERAL INDEX. 

Teachers— Concluded. Section. 

What will defeat his recovery of compensation 206 

When excessive 208 

When illegal 208 

Written charge 209 

Teachers' Institute. 

Bond of executive committee, 4086 307 

Forfeiture of bond, 4089 310 

City districts, institutes for, 4092 313 

Funds for, how provided, 4072, 4084 293, 305 

County auditor to pay to executive committee, 4087. . . . 308 
Unexpended balance to be returned to county treasury, 

4087 308 

Organization of, 4086 307 

Purpose of, 4086 307 

Report to state commissioner of common schools, 4088, 

4094 309, 315 

Penalty for failure to report, 4088 309 

Scientific temperance, instruction in, required, 4020-25 221 

Sessions, length of, 4094 315 

State commissioner of common schools, to visit, 357 470 

May hold institute, when, 4090 311 

Teachers may dismiss school to attend, 4091 312 

Shall receive pay for attendance, 4091 312 

Temperance. (See Scientific Temperance.) 
Territory. 

Adoption of 210 

Annexed for school purposes, 3893 8 

Detached for school purposes, 3886, 3888, 3890 2, 3, 5 

Disposal of text-books 214 

Price to be paid 214 

Purpose of law 214 

Selection of 214 

Transfer of, 3894, 3895 -. 9, 10 

Text Books. 

Adoption of by boards of education, 4020-14 214 

Board of education, may appoint agent for sale of, 4020-14. . 214 
Failure of publishers to furnish, action taken by board, 

4020-13 213 

Notice to, of publishers entitled to sell books, 4020-12.. 212 

Purchase and sale of, by, 4020-14 214 

Exchange of, with pupils, 4020-14 214 

Failure of publishers to furnish, action to be taken by com- 
mission, 4020-13 213 

Filing of, in office of state school commissioner, 4020-10. . . . 210 

Free school books, 4026 239 

Notice to publishers, 4020-11 211 

Price of, how fixed, 4020-11 211 

Publishers' price, filing of, 4020-10 210 

School Book Commission, how constituted, duties, 4020-11, 

4020-13 211, 213 

Thanksgiving Day. 

Dismissal of schools, on, 4015 203 



GENERAL INDEX. 532 

Tie Vote. Section. 

Election of member of board of education, tie vote decided 

by lot, 3970-10 76 

Toledo. 

Library. 

Access to, free to residents of city, 4022-28 158 

Board of trustees, 4002-21 151 

Bonds, for library, 4002-23, 4002-24, 4002-27 153, 154, 157 

Donations, trustees may accept, 4002-31 161 

Establishment of, tax for, 4002-19 150 

Librarian and assistants, employment of, 4002-23 153 

Management of, 4002-21 151 

Organization of board, powers, duties, 4002-23, 153 

Penalty for injuring library property, 4002-30 160 

Report of trustees, 4002-29 159 

Site for library, how acquired, 4002-25—4002-26 155, 156 

Transfer of property from board of education to li- 
brary board, 4002-22 152 

University of Toledo, provisions applying to, 4095-4105. .. .389, 400 

Toledo University. 

Provisions applying to, 4095-4105 389, 400 

Township Districts. 

Attached territory, assignment of, 3916 33 

Electors in, voting of, 3916 33 

Board of education, election of, 3915, 3970-10 32, 76 

Meetings of, 3920 34 

Special meetings, how called, 3978 86 

Membership of, 3915 32 

Organization of, 3920 34 

Centralization of, 3922, 3927-2 37, 39 

Classification of, 3885, 3890 ' 1, 5 

Clerk of. (See clerk of board of education.) 

Commencements, held in, 4029-1 240 

Expenses of, how paid, 4029-2 241 

Compulsory attendance, in, 4022-1—4022-14 225, 238 

Contingent fund, apportionment to, 3964, 3966 65, 67 

Defined, 3890 5 

Director, election of, 3921a 36 

Enumeration taken by, 3921a 36 

Powers and duties of, 3921a 36 

Forms relating to 

High schools in, 4009, 4009-1, 4009-2, 4009-15 192, 193, 194, 195 

Joint sub-districts abolished, 3923 38 

Attached to township district, 3923 38 

Map of, filed with county auditor, 3923 38 

Map of, 3921 35 

Sub-districts recognized for school attendance, 3921 35 

Discontinued, when, 3922, 3927-2 37,39 

Number of schools required in, 4007 185 

Schools of, continued same length of time, 4007 185 

Tax levy authorized, maximum, 3959 62 

Teacher, election of, in, 4017, 4017a 206, 207 

Territory transferred, how, 3894, 3895 9, 10 

Treasurer of. (See treasurer of board of education.) 

Tuition, payment of to high school, 4022, 4029-3 223, 242 

Township Treasurer. (See Treasurer of Board of Education.) 

Board of education, is ex officio treasurer of, 4042 256 



533 GENERAL INDEX. 

Township Trustees. Section. 

Corpse, surrender of by, for dissection, 3763 370 

Relief of indigent cliildren, to secure sctiool attendance 



4022-9 



233 



Vaccination of pupils, duties as to, 3986 93 

Transfer. 

Pupils of, from one district to another, 4022 223 

Assignment of, 4013 201 

When pupil lives more than one and one-half miles 

from school, 4022a 224- 

Territory from one district to another, 3894, 3895 9, 10 

Essentials of petition 10 

Form for 

Form for petition 10 

Proceedings in probate court 10 

Resolution accepting 9 

Resolution releasing 9 

When change becomes effective 9 

Transportation. 

Centralized townships, of pupils in, 3927-2 39 

Special districts, of pupils in, 3934 49 

Sub-districts, of pupils in, 3922 37 

Traveling Expenses. 

Examiner of school funds, of, 365 478 

State examiners, of, 4068 288 

Treasurer of Board of Education. 

Accounts of, how kept, 4055 275 

Appeal from discharge 263 

Application for vote 260 

Bond of, execution of, 4043 257 

Copy of, to be filed with county auditor, 4043 257 

Funds must be produced and counted, on filing of 

bond, 4043 257 

New bond may be required, 4043 257 

Release of surety, on, 4043 257 

Can not be member of board 257 

Compensation of, 4056 276 

Disbursements by, 4047 267 

Discharge of surety by vote 260 

Duties as to depositing funds 69 

Election of, 4042 256 

Employment of public money 266 

Entry of discharge 263 

Ex officio treasurer 257 

Failure to give bond creates vacancy 257 

Form of bond 257 

Form of certificate and bond 257 

Form of oath 257 

Form of report of treasurer of funds 264 

Funds, amount treasurer may hold, 4048 268 

Illegal loan 266 

Interest on funds 257 

Liability on bond 242 

New bond 257 

Orders on, how drawn, 4047 267 



GENERAL INDEX. - 534 

Treasurer of Board of Education— Concluded. Section. 

Proceedings can not release bond 257 

Proceedings to release surety 257 

Receipt of moneys, by, 3960, 4047 63, 267 

Recovery of money 266 

Release of surety 257 

Report of school fund 257 

School district, treasurer of, how selected, 4042 256 

Settlement with county auditor, 4044 264 

Penalty for failure to make, 4045 265 

Successor, delivery of property to, 4049 269 

Teachers' institute in city districts, funds of, to be paid to 

county treasurer, when, 4092 313 

Term of, 4042 256 

When board can allow vote 261 

When his own successor 257 

Who to have charge of vote 263 

Treasurer of County. (See County Treasurer.) 
Trial. 

Blind children, hearing to determining advisability of send- 
ing to state institution, for, 4022-10 234 

Deaf and dumb children, hearing to determine advisability 

of sending to state institution, for, 4022-10 234 

Juvenile disorderly persons, proceedings against, 4022-8... 232 

Parents, proceedings against for failure to compel children's 

attendance at school, 4022-7 231 

Teacher, trial of, by county examiners, 4073, 4081 294, 302 

Truant. 

Forms relating to truancy 

Juvenile disorderly person, truant is, 4022-4. 228 

Penalties, 4022-8, 4022-12 232, 236 

Proceedings against, 4022-7, 4022-8 231, 232 

Report, by principal and teachers, 4022-6 230 

Truant Officer. 

Complaint by, against child, 4022-8 232 

Deaf, dumb and blind children, report of, 4022-10 234 

Forms relating to duties of 

Notice to parents, 4022-7 231 

Parent, warning to, by, 4022-7 231 

Penalty, for neglect of duty, 4022-11, 4022-12 235, 236 

Powers and duties, 4022-5 229 

Relief of indigent child, report on, 4022-9 233 

Report to, by principals and teachers, 4022-6 230 

Trustees., (See Township Trustees.) 

Univ'ersities of municipalities, trustee of property of, 4097 391 

Educational institutions, trustees of, 3726-3771a 328, 381 

Ohio State University, of, 4105-10—4105-48 410, 448 

Schools specially endowed, trustees of, 4105-67—4105-73 382, 388 

Toledo public library, of, 4002-21—4002-31 421, 431 

Wilberforce University, of, 4105-54—4105-65 454,465 

Tuition. 

Clerk can not receive 

Embezzlement 



535 GENERAL INDEX. 

Tuition — Concluded. Section. 

Free, when, 4013 201 

Non-residents, entitled to credit of school tax paid within 

the district, 4013 201 

Payment of, by agreement between the boards of education, 

4022 223 

For "Patterson" graduates, 4029-3 242 

Public official liable 266 

Pupil attending high school 242 

Pupils residing more than one and one-half miles from 

school, payment of, 4022a 224 



u 

United States Military District. 

Enumeration of youth in, 4030 244 

Funds derived from sale of lands in, disposition of, 3953, 

3954 55, 56 

University. (See Colleges and Universities.) 
University of Cincinnati. 

Admission to, regulated, 4100 395 

Bequests, may accept, 4095 389 

Board of directors, appointment of, 4098-1 393 

Powers and duties of, 4099 394 

Vacancies in, how filled, 4098-1 393 

Degrees, when conferred, 4102 397 

Funds, application of, 4096 390 

Accounts of, how kept, 4101 396 

Site and grounds, 4103 398 

Tax for, how levied, 4104 399 

University of Toledo. (See Toledo University.) 

V 

Vacancy. 

Board of education in, how filled, 3981 88 

Cincinnati library trustees, vacancy in, 3999 115 

City board of examiners, in, 4077 298 

County board of examiners, how filled, 4069 289 

Director in township districts, how filled, 3921a 36 

Educational institutions, in board of trustees, how filled, 

3733 335 

Holds until successors are elected 88 

No vacancy until resignation accepted 88 

Number of votes required to appoint members 88 

Ohio State University, in board of trustees, how filled, 

4105-38 438 

Resignation to whom made 88 

Schools specially endowed, board of trustees of, 4105-68 . . . 383 

State board of examiners, how filled, 4065 285 

State commissioner of common schools, in office of, 354... 467 

Toledo libray board, how filled, 4002-21 151 

Wilberforce University, in board of trustees, 4105-57 457 



GENERAL INDEX. 536 

Vaccination. Section. 

Free in certain cases, 3986 93 

Rules in regard to in schools, 3986 93 

Village Districts. 

Abandonment of, 3889 4 

Advancement to, 3889 4 

Attached territory, assignment of, 3910 30 

Electors, voting in, 3910 30 

Board of education, election of, 3908, 3909, 3970-10 28, 29, 76 

Meetings of, 3911 '31 

Membership of, 3908, 3909 28, 29 

Organization of, 3911 ' 31 

Classification of, 3885, 3888 1,3 

Clerk of. (See clerk of board of education.) 

Compulsory attendance in, 4022-1 — 4022-14 225 238 

Defined, 3888 3 

Election in newly created village, 3909 29 

Libraries, may be established in, 3998-6, 4002-39 — 4002-45, 

108, 169, 175 

Tax levy for, maximum, 3959 62 

Transfer of territory, 3894, 3895 S, 10 

Treasurer of. (See treasurer of board of education.) 

Village shall become village district, 3889 4 

Virginia Military District. 

Accepting certain lands in, ceded to Ohio by the United 

States, 4105-19—4105-25 419, 425 

Copies of entries and surveys to be made in certain coun- 
ties in, 4105-48 448 

Damage to lands in, 4105-20 420 

Deed for lands in, 4105-48 448 

Division and appraisal of lands in, 4105-22 422 

Enumeration of youth in, 4030 244 

Relief for money wrongfully paid, for, 4105-50 450 

Sale of lands, 4105-23 423 

Title to lands, where vested, 4105-21 421 

Visitors. (See Board of Visitors.) 
Vouchers. (See Order.) 

w 

Wages. (See Compensation.) 
Washington's Birthday. 

Dismissal of schools, on, 4015 400 

Week. 

School week, length of, 4016 205 

Wilberforce University. 

Normal and industrial department of, 4105-54 454 

Admission to, free, of appointee of members of general 

assembly, 4105-64 464 

Appropriation for, 4105-62, 4105-65, 4105-66 462, 465, 466 



537 GENERAL INDEX. 

Wilberforce University — Concluded. Section. 

Normal and Industrial Department of — Continued. 

Board of trustees, appointment of, 4105-55, 4105-56, 

4105-58 455, 456, 458 

Expenses of, 4105-59 459 

Meetings of, 4105-59 459 

Powers and duties of, 4105-60 460 

Report of, 4105-63 463 

Vacancies in, how filled, 4105-57 457 

Bond of treasurer, 4105-2 462 

Funds of, 4105-62 462 

Non-sectarian department, 4105-61 461 

Tax levy for, 4105-65 465 

Woman. 

Registration of, 3970-12 78 

Vote for school officers, entitled to, 3970-12 78 



Y 

Year. 

Annual enumeration, 4030 244 

School year, length of, 4016 205 

Time scliool must be continued in year, 4007 185 

Yeas and Nays. 

Board of education, yea and nay vote of, must be taken 

in certain cases, 3982 89 

Youth. 

Assignment of, to schools, by board of education, 4013 201 

Attendance at school, free, when, 4013 201 

Attendance of, enforced, 4022-1—4022-14 225-238 

Enumeration of, 4030-4041 244, 255 

Employment of, unlawful, when, 4022-2, 4022-3 226, 227 

Non-residents, can attend school, under what conditions, 

4013, 4022, 4022a, 4029-1—4029-4 201, 223, 224, 240, 243 

z 

Zanesville. 

Charity school at, children may be sent to, when, 4011.... 198 



REFERENCE INDEX 



To sections of the Revised Statutes as to chapter and section of this 

- volume. 



CHAPTER SEC. SBC. THIS 

R. S. BOOK 

State Commissioner of 
Common 

Schools 354 467 

do 356 469 

do 355 468 

do 357 470 

do 358 471 

do 359 472 

do 360 473 

do 361 474 

do 362 475 

do 363 476 

do 364 477 

do 365 478 

do 366 479 

Colleges and Institu- 
t i o n s of 

Learning ....3726 328 

do 3727 329 

do 3728 330 

do 3729 331 

do 3730 332 

do 3731 333 

do 3732 334 

do 3733 335 

do 3734 336 

do 3735 337 

do 3736 338 

do 3737 339 

do 3738 340 

do 3739 341 

do 3740 342 

do 3741 343 

do 3742 344 

do 3743 345 

do 3744 346 

do 3745 347 

do 3746 348 

do 3747 349 

do 3748 350 

do 3749 351 

do 3750 352 

do 3751 353 

do 3751a 354 

do 3751& 355 

do 3751c 356 

do 3752 357 



CHAPTER SEC. SEC. THIS 

R. S, BOOK 

Colleges, etc. — Continued. 

do 3753 358 

do 3754 359 

do 3755 360 

do 3756 361 

do 3757 362 

do 3758 363 

do 3759 364 

do 3760 365 

do 3761 366 

do 3762 367 

do 3762a 368 

do 3762& 369 

do 3763 370 

do 3764 371 

do 3765 372 

do 3766 373 

do 3767 374 

do 3768 375 

do 3768-1 376 

do 3768-2 377 

do 3769 378 

do 3770 379 

do 3771 380 

do 3771a 381 

Classification and 
Change of 

Districts 3885 1 

do 3886 2 

do 3888 3 

do 3889 4 

do 3890 5 

do 3891 6 

do 3892 7 

do 3893 8 

do 3894 9 

do 3895 10 

do 3896 11 

City School Districts. 3897 12 

do 3897a 13 

do 3897& 14 

do 3897c 15 

do 3897(Z 16 

do 3897e 17 

do 3897f 18 

do 3897sr 19 

do 389771 20 



REFERENCE INDEX. 



540 



CHAPTEB SEC. 6EC. THIS 

R. 8. BOOK 

City School Districts — Continued. 

do 3897i 21 

do 3897i 22 

do 3897fc 23 

do 3897Z 24 

do 3898 2rj 

do 3900 26 

do 3901 27 

Village School Dis- 
tricts 3908 28 

do 3909 29 

do 3910 30 

do 3911 31 

Township School Dis- 
tricts 3915 32 

do 3916 3.J 

do 3920 34 

do 3921 35 

do 3921a 36 

do 3922 37 

do 3933 38 

do 3927-2 39 

do 2966-1 39a 

do 40 

do 41 

do 42 

Special School Dis- 
tricts 3928 43 

do 3929 44 

do 3930 45 

do 3931 46 

Special School Dis- 
tricts 3932 47 

do 3933 48 

do 3934 49 

do 3935 50 

School Funds 3951 51 

do 52 

do 226-2 52a 

do 226-3 526 

do 3952 53 

do 3952-1 54 

do 3953 55 

do 3954 56 

do 3955 57 

do 3956 58 

do 3957 59 

do 3958 60 

do 3958a 61 

do 3959 62 

do 3960 63 

do 3963 64 

do 3964 65 

do 3965 66 

do 3966 67 

do 3967 68 

do 3968 69 

do 3969 70 

do .^ 3970 71 



CHAPTER SEC. SEC. THIS 

R. S. BOOK 

School Funds — Continued. 

do 3970-1 72 

do 3970-2 73 

do 3970-3 74 

do 3970-4 75 

Provisions Applying 

to all Boards. 3970-10 76 

do 3970-11 77 

do 3970-12 78 

do 3971 79 

do 3972 80 

do 3973 81 

do 3974 82 

do 6975 82a 

do 3975 83 

do 3976 84 

do 3977 85 

do 3978 86 

do 3979 87 

do 3981 88 

do 3982 89 

do 3983 90 

do 3984 91 

do 3985 92 

do 3986 93 

do 3986-1 " 94 

School Houses and 

Libraries ...3987 95 

do 28346 95a- 

do 3987-1 96 

do 3988 97 

do 3990 98 

do 3991 99 

do 3992 100 

do 3993 101 

do 3994 102 

do 3998-1 103 

do 3998-2 104 

do 3998-3 105 

do 3998-4 106 

do 3998-5 107 

do 3998-6 108 

do 3998-7 109 

do 3998-8 110 

do 3998-9 111 

do 3998-10 112 

do 3998-11 113 

do 3998-12 114 

do 3999 115 

do 3999a 116 

do 39996 117 

do 3999c 118 

do 3999C-1 119 

do 3999<:Z 120 

do 3999e 121 

do 3999f 122 

do 3999g 123 

do 399971 124 

do 3999i 125 

do 3999; 126 



541 



REFERENCE INDEX. 



CHAPTER SEC. SEC. THIS 

E. S. BOOK 

School Houses, etc. — Continued. 

do 39997c 127 

do .3999? 128 

do 4000 129 

do 4001 130 

do 4002 131 

do 4002-1 132 

do .■ 4002-2 133 

do 4002-3 134 

do 4002-4 135 

do 4002-5 136 

do 4002-6 137 

do 4002-7 138 

do 4002-8 139 

do 4002-9 140 

do 4002-10 141 

do 4002-11 142 

do 4002-12 143 

do 4002-13 144 

do 4002-14 145 

do 4002-15 146 

do 4002-16 147 

do 4002-17 148 

do ■ 4002-18 149 

do 4002-19 150 

do 4002-21 151 

do 4002-22 152 

do 4002-23 153 

do 4002-24 154 

School Houses and Li- 
braries 4002-25 155 

do 4002-26 156 

do 4002-27 157 

do 4002-28 158 

do 4002-29 159 

do 4002-30 160 

do 4002-31 161 

do 4002-32 162 

do 4002-33 163 

do 4002-34 164 

do 4002-35 165 

do 4002-36 166 

do 4002-37 167 

do 4002-68 168 

do 4002-39 169 

do 4002-40 170 

do 4002-41 171 

do 4002-42 172 

do 4002-43 173 

do 4002-44 174 

do 4002-45 175 

do 4002-46 176 

do 4002-47 177 

do 4002-48 178 

do 4002-49 179 

do 4003 180 

do 4004 181 

do 4005 182 

do 4006 183 

do 184 



CHAPTER SEC. BEC. THIS 

~ , , B. S. BOOK 

Schools and Attend- 
ance Enforc- 
ed 4007 185 

do 4007-1 186 

do 4007-2 187 

do 4007-3 188 

do 4007-4 189 

do 4007-5 190 

do 4007-6 191 

do 4009 192 

do 4009-1 193 

do 4009-2 194 

do 4009-15 195 

do 4009-16 196 

do 4010 197 

do 4011 198 

do 4012 199 

do 4012a 200 

do 4013 201 

do 4014 202 

do 4015 203 

do 4015-1 204 

do 4016 205 

do 4017 206 

do 6975a 206a 

do 206& 

do 4017a 207 

do 4018 208 

do 4019 209 

Text-Book Law 4020-10 210 

do 4020-11 211 

do 4020-12 212 

do 4020-13 213 

do 4020-14 214 

do 4020-15 215 

do 4020-16 216 

do 4020-17 217 

do 4020-18 218 

do 4020-23 219 

do 4020-24 220 

do 4020-25 221 

do 4021 222 

do 4022 223 

do 4022a 224 

do 4022-1 225 

do 4022-2 226 

do 6986a 226a 

do 3027 226& 

do 4022-3 227 

do .4022-4 228 

do 4022-5 229 

do 4022-6 230 

do 4022-7 231 

do 4022-8 232 

do 4022-9 233 

do 4022-10 234 

do 4022-11 235 

do 4022-12 236 

do 4022-13 237 

do 4022-14 238 



REFERENCE INDEX. 



542 



CHAPTEK SBC. SEC. THIS 

R. S. BOOK 

Text-Book Law — Continued. 

do 4026 239 

do 4029-1 240 

do 4029-2 241 

do 4029-3 242 

do 4029-4 243 

Enumeration, Treas- 
u r e r and 

Clerlv 4030 244 

do 4031 245 

do 4032 246 

do 4033 247 

do 4034 248 

do 4035 249 

do 4036 250 

do 4037 251 

do 4038 252 

do 4039 253 

do 4040 254 

do 4041 255 

do 4042 256 

do 4043 257 

do 5841 258 

do 5842 259 

do 260 

do 261 

do 262 

do 263 

do 4044 264 

do 4045 265 

do 6841 266 

do 4047 267 

do 4048 268 

do 4049 269 

do 4050 270 

do 4051 271 

do 4052 272 

do 4053 273 

do 4054 274 

do 4055 275 

do 4056 276 

do 4057 277 

do 4058 278 

do 4059 279 

do 4060 280 

do 4061 281 

do 4062 282 

do 4063 283 

do 4064 284 

Board of Examiners. .4065 285 

do 4066 286 

do 4067 287 

do 4068 288 

do 4069 289 

do 4070 290 

do 4071 291 

do 4071a 292 

do 4072 293 

do 4073 294 

do 4074 295 



CHAPTER SEC. SEC. THI8 

B. S. BOOK 

Board of Examiners — Continued. 

do 4075 296 

do 4076 297 

do 4077 298 

do 4078 299 

do 4079 jOO 

do 4080 301 

do 4081 302 

do 4082 303 

do 4083 304 

do 4084 305 

do 4085 306 

Teachers' Institutes. .4086 307 

do 4087 308 

do 4088 309 

do 4089 310 

do 4090 311 

do 4091 312 

do 4092 313 

do 4093 314 

do 4094 315 

Policy towards schools 
for which state ap- 
propriations are 
made: State nor- 
mal schools 1 316 

do 2 317 

do 3 318 

do 4 319 

do 5 320 

do 6 321 

do 7 322 

do 8 323 

do 9 324 

do 10 325 

do 4094-1 326 

do 4094-2 327 

Colleges and Universi- 
ties 4095 389 

do 4096 390 

do 4097 391 

do 4098 392 

do 4098-1 393 

do 4099 394 

do 4100 395 

do 4101 396 

do 4102 397 

do 4103 398 

do 4104 399 

do 4105 400 

do 4105-1 401 

do 4105-2 402 

do 4105-3 403 

do 4105-4 404 

do 4105-5 405 

do 4105-6 406 

do 4105-7 407 

do 4105-8 408 

do 4105-9 409 

do 4105-10 410 



543 



REFERENCE INDEX. 



CHAPTER 



SEC. THI: 
BOOK 



CHAPTER 



do 4105-11 411 

do 4105-12 412 

do 4105-13 413 

^ 4105-14 414 

do 4105-15 415 

do 4105-16 416 

do 4105-17 417 

do 4105-18 418 

do 4105-19 419 

do 4105-20 420 

do 4105-21 421 

do 4105-22 422 

do 4105-23 423 

do 4105-24 424 

do 4105-25 425 

do 4105-26 42G 

do 4105-27 427 

do 4105-28 428 

do 4105-29- 429 

do 4105-30 430 

do 4105-31 431 

do 4105-32 432 

do 4105-33 433 

do 4105-34 434 

do 4105-35 435 

do 4105-36 436 

do 4105-37 437 

do 4105-38 438 

do 4105-39 439 

do 4105-40 440 

do 4105-41 441 

do 4105-42 442 



SEC. SEC. THIS 
B. S. BOOK 



do 4105-43 443 

do 4105-44 444 

do 4105-45 445 

do 4105-46 446 

do 4105-47 447 

do 4105-48 448 

do 4105-49 449 

do 4105-50 450 

do 4105-51 451 

do 4105-52 452 

do 4105-53 453 

do 4105-54 454 

do 4105-55 455 

do 4105-56 456 

do 4105-57 457 

do 4105-58 458 

do 4105-59 459 

do 4105-60 460 

do 4105-61 461 

do 4105-62 462 

do 4105-63 463 

do 4105-64 464 

do 4105-65 465 

do 4105-66 466 

Schools Specially En- 
dowed 4105-67 382 

do 4105-68 383 

do 4105-69 384 

do 4105-70 385 

do ■ 4105-71 386 

do 4105-72 387 

do 4105-73 388 



545 REFERENCE INDEX. 



SECTIONS UNNUMBERED 
DAY SCHOOL FOR DEAF. 

CHAPTER II. 

Sec. 1. 98 V. 219. Sec. 5. 98 v. 219. > 

Sec. 2. 98 V. 219. Sec. 6. 98 v. 219. 

Sec. 3. 98 V. 219. Sec. 7. 98 v. 219. 

Sec. 4. 98 V. 219. 

CHAPTER VI. 
Constitutional Provisions. 
Article VI. 
Sec. 1. Sec. 2. 



Arrangement of names of candidates on tickets used in election of 
members of Board of Education. 

Sec. 2. 98 V. 116. 



CHAPTER VII. 

Constitutional Provisions. 

Article XII. 

Sec. 2. Taxation by uniform rule. Sec. 3. After Sec. 94 (§3986-1). 

CHAPTER VIII. 

Trustees of Tom^nship to Levy Tax for LiBRARYi 

Sec. 1. 98 V. 47. Sec. 3. 98 v. 47. 

Sec. 2. 98 V. 47. 

CHAPTER X. 
Illegal Loan will not Prevent Recovery. 
Sec. 21. 

CHAPTER XIII. 
Sec. 20-1. Bequests to. 



REFEEENCE INDEX. 
CHAPTER XIV. 



Sec. 


1. 


316. 


98 V. 


309. 


Sec. 


6. 


321. 


98 V. 


309. 


Sec. 


2. 


317. 


98 V. 


309. 


Sec. 


7. 


322. 


98 V. 


309, 


Sec. 


3. 


318. 


98 V. 


309. 


Sec. 


8. 


323. 


98 V. 


309. 


Sec. 


4. 


319. 


98 V. 


309. 


Sec. 


9. 


324. 


98 V. 


309. 


Sec. 


5. 


320. 


98 V. 


309. 


Sec. 


10. 


325. 


98 V. 


309. 



546 



CHAPTER VII. 

To Pbeve^s't Hazing, in Educational Institutions, and to Punish 
" Persons Guilty Thekeof. 



Sec. 1. 94a. 98 v. 124. 
Sec. 2. 98 V. 124. 



Sec. 3. 98 V. 124. 



CHAPTER IX. 
Minimum Salary to Teachers: State Aid to District. 
Sec. 1. 98 V. 20 . Sec. 2. 98 v. 200. 



547 APPENDIX. 



APPENDIX. 



. , PAGE 

Historical 4iv 

Ohio Statistics — 

Branch of study 428 

Colleges and universities 435^ 436 

County examinations 431^ 440 

County examinations 431 

applicants 431 

County examination questions 455 

Elementary 461 

High school 455 

Pupils 466 

Special 460 

District examinations 432, 440 

applicants 432 

Examinations for township pupils 431 

ExpeMlitures 437 

Higher educational institutions other than colleges 428 

High school 434 

Institute fund : 430 

Receipts 423 

School districts 423 

School houses 439 

School property ' 430 

School taxes : 440 

Separate district examinations 442 

State board of school examiners 442 

Information 431 

State examinations 444 

State examination questions 433 

Teachers employed 441 

Teachers' institutes 424, 439, 440 

Teachers' wages 426, 439 

Youth of school age 439 

United States Statistics of State school system — 

Table 1. Total population, school population and adult male 

population 469 

Table 2. Density of population, nativity and race classification, 
value of manufactures, illiteracy, and relations to 
adult male and school population 470 

Table 3. School ages in several states, states school census.... 471 

Table 4. Number of pupils enrolled in the common schools at 
different dates; relation of enrollment to school 
population 472 

Table 5. School enrollment of 1902-3, classified by sex. Per- 
centage of the total population enrolled at different 
dates 473 

Table 6. Per cent, of school population enrolled in public 

schools, for a period of years, 5 to IS years of age . . 4 1 4 



GUIDE FOR OHIO SCHOOL OFFICERS. 548 

PAGE 

Table 7. Average daily attendance at various periods and its 

relation in 1902-3 to the enrollment 475 

Table 8. (1) Average length of school term at various periods; 
(2) aggregate number of days' schooling given to all 
pupils; (3) the same compared with school popu- 
lation and enrollment (columns 8 and 9) 476 

Table 9. Number and sex of teachers; percentage of male 

teachers 477 

Table 10. Teachers' wages — Number of schoolhouses — ^Value of 

school property — Private school enrollment 478 

Table 11, (1) Length of school term; (2) aggregate number of 
days' schooling given compared with school popu- 
lation 480 

Table 14. Progress of school expenditure 481 

Table 15. School expenditure of 1902-3 classified 482 

Table 16. (1) Expenditure per pupil; (2) average daily expendi- 
ture per pupil; (3) percentage analysis of school ex- 
penditure 483 

Table 17. Amount expended for common school each year since 

1869-70 484 

Table 18. School expenditure per capita of population; (2) same 

per capita of average attendance 485 



m 6 190? 



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LIBRARY OF CONGRESS 



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